(영문) 청주지방법원 2018.08.24 2018노473 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.08.24 2018노473

특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged of this case’s mental and physical disorder, intimidation is an offense committed under the influence of alcohol.

B. The punishment sentenced by the court below (2 months of imprisonment with prison labor for the crimes Nos. 1 in the annexed list No. 1 in the judgment below, and 2 through 5 and 2 in the annexed list No. 1 in the judgment below) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the record on the assertion of mental disorder, even though the defendant was aware that he was drinking at the time of the crime of intimidation, in view of the background leading up to the crime and the circumstances before and after the crime, etc., the defendant was in a state where the defendant was in the weak ability to discern things or make decisions due to drinking at the time of the crime

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the lower court determined the sentence by taking into account the following circumstances as revealed in the lower judgment’s “reasons for sentencing”.

[Unfavorable circumstances] The Defendant had already been sentenced to a fine due to an indecent act committed by force, suspension of the execution of imprisonment, and imprisonment with prison labor for an indecent act committed by force in 2014, despite the completion of the execution of the sentence, even though the Defendant was sentenced to an order to attach an electronic tracking device to the electronic tracking device, the Defendant committed the crimes listed in [Attachment 1] No. 1 as indicated in the judgment during the period of repeated crime.

B. Although the Defendant was sentenced to imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders in 2016 and completed the execution of the sentence, the Defendant committed the crimes listed in [Attachment 1] Nos. 2 through 5 and 2 in [Attachment 1].

The victim of the instant intimidation expressed his intent to punish the Defendant.

[The favorable circumstances] The defendant is against the view of committing each of the crimes in this case.

참조조문

-전자장치 부착 등에 관한 법률

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