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(영문) 광주지방법원 2017.04.26 2016노5226

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s punishment (ten months of imprisonment and forty hours of completion of the sexual assault treatment program) is too large and unreasonable.

2. The fact that the Defendant committed each of the instant crimes against a victim who was in an internal relationship is disadvantageous to the Defendant.

However, the fact that the defendant has reached an agreement with the victim for the first time, and the fact that the defendant led to the confession of each of the crimes of this case in the trial of the party and reflects his mistake is favorable to the defendant.

In addition, comprehensively taking account of the circumstances leading up to each of the crimes in this case, circumstances after the commission of the crime, age of the defendant, environment, etc., the court below's punishment is somewhat inappropriate, and thus, the prosecutor's improper ground for sentencing is without merit, and the defendant's argument for sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in each corresponding column of the judgment below, except for the case where “the defendant’s partial statement” as “the defendant’s legal statement” in the summary of the evidence of the judgment below as “the defendant’s legal statement.” Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 350(1) (a) of the Criminal Act, Articles 352 and 350(1) (a) (a) of the Criminal Act, Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 257(1) (a) of the Criminal Act, Article 152 subparag. 1 and 43 of the Road Traffic Act (a non-licenseless driving) of the Road Traffic Act, and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration in favor of the aforementioned circumstances);

1. Protection observation and: