(영문) 부산지방법원 2017.10.13 2017노2860 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.10.13 2017노2860

특수협박등

Text

The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (10 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Among the articles provided or intended to be provided in the ex officio judgment criminal act, the articles that are not owned by a person other than the criminal or acquired by a person other than the criminal with knowledge of the fact after the crime can be confiscated (Article 48(1)1 of the Criminal Act). According to the evidence duly adopted and examined by the court below, the court below committed an error of confiscation from the defendant since the ownership of the defendant's female-friendly PP, which is obviously owned by a person other than the criminal, cannot be subject to confiscation. Thus, the court below erred by misapprehending the legal principles on confiscation, which affected the conclusion of the judgment of the court below. In this regard, the part of the judgment of the court below as to confiscation against the defendant cannot be maintained.

B. It is recognized that, in light of the form of each of the instant crimes and the method of taking measures to determine the illegality of sentencing, the liability for the relevant crime is not less and less, the Defendant has been sentenced to a fine for five times, the Defendant has been subject to suspended sentence, and the Defendant has been subject to four times punishment due to the crime of injury.

However, considering all of the sentencing conditions in the pleadings of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes in this case, etc., the punishment imposed by the court below is too excessive and unfair.

3. According to the conclusion, the part of the judgment of the court below regarding the confiscation against the defendant is reversed ex officio as seen above, and the defendant's appeal is reasonable, and thus, the part of the judgment below against the defendant in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act.

참조조문

-형법 제48조 제1항 제1호

유사 판례

-인천지방법원 2018.12.19 2018노3618

-부산지방법원 2017.07.14 2017노1540

-부산지방법원 2018.11.02 2018노2796

-부산고등법원 2018.04.04 2017노708

-의정부지방법원 2017.04.27 2017노114