logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.05.16 2014노675
사기등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment, and forty hours of sexual assault treatment programs) is too unreasonable.

2. In full view of all the facts pertaining to the judgment of the court below, the defendant's depth is against the defendant, the court below reached an agreement with the victim of the crime of indecent act by compulsion, the defendant's age, occupation, and other facts pertaining to the sentencing as shown in the records and arguments of this case, the defendant's assertion is with merit since the punishment of the court below is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 34 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 355 (1) of the Criminal Act, Article 298 of the Criminal Act, the choice of imprisonment for a crime

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

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration of personal information under Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, results and seriousness of crime, disclosure order or notification order.

arrow