(영문) 부산지방법원 2018.06.21 2018노184 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.06.21 2018노184

특수협박

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date the above judgment becomes final and conclusive.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the victim did not want punishment against the defendant, and that the defendant and the victim maintain a marital relationship even after the crime of this case.

However, under the influence of alcohol, the crime of this case was committed by the Defendant, while the Defendant was in contact with the head of the victim, who is in a dangerous object without any particular reason, and the victim was threatened. The crime of this case was committed by the Defendant, and the Defendant was punished for violent crimes (two times in penalty).

Considering the individual and social harm caused by domestic violence, such as the instant case, there is no need to take into account the victim’s carbon into account as a matter of privacy, and thus, even if considering the victim’s carbon, taking into account the following circumstances, comprehensively taking into account: (a) the details and form of the instant crime; (b) the history of the relevant crime; and (c) the absence on the date of sentencing at the trial; and (d) the fact that the court below’s sentence is unreasonable.

3. As a result, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the same sentence as the order shall be made by taking into account all the circumstances in the grounds for reversal of the sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation.

참조조문

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