강요등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the penalty (7 million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Determination is an unfavorable circumstance that the Defendant forced the victim, who is his/her father, to engage in religious activities for a long time, and abused the victim.
However, in full view of the fact that the defendant confessions and reflects in the trial, that the victim expresses his intention not to have the criminal defendant want in the course of the sentencing investigation of the trial court, that the defendant is the primary offender, and that the sentencing conditions in the records and arguments of this case are attached, the punishment sentenced by the court below is unreasonable.
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.
[C] The facts constituting an offense and the summary of the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for adding "the defendant's oral statement at the court below" to the summary of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 324 of the Criminal Act regarding criminal facts; Article 40 Subparag. 2 and Article 29 Subparag. 3 of the former Child Welfare Act (Amended by Act No. 10465, Mar. 29, 201); Article 71(1)2 and Article 17 Subparag. 3 and 5 of the former Child Welfare Act (Amended by Act No. 12361, Jan. 28, 201); Article 71(1)2 and Article 17 Subparag. 3 and 5 of the former Child Welfare Act (Amended by Act No. 12361, Oct. 24, 201; Act No. 14925, Oct. 24, 2017); Article 71(1)2 and Article 17 Subparag. 3 of the former Child Welfare Act (Amended by Act No. 10465, Oct. 25, 2017)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Exemption from employment restriction orders;