(영문) 춘천지방법원 2014.11.12.선고 2014노121 판결

In order to express the fact that the defendant had been able to keep the victim from the time of the instant case from the time when he was simply viewed the victim, the defendant was able to say that he was able to keep the victim from the time of the instant case, and stated that "I had been able to keep the victim from the time when he was her in her," but there was no intention to insult the victim, and the place of the instant crime did not meet the requirements of performance, since the defendant did not meet the requirements of performance, since the place of the instant crime did not meet the requirements of performance.

2. Determination

A. Determination on the grounds for appeal

Although the Defendant asserted the same purport in the lower court, the lower court found the Defendant guilty of the facts charged in the instant case by comprehensively taking account of the evidence duly admitted and examined, and rejected it on the grounds of detailed reasons in the part of “the judgment on the Defendant and his defense counsel’s assertion”.

Examining the above fact-finding and judgment of the court below in comparison with the records, the judgment of the court below which found the defendant guilty of this case is just, and there is no error of law that affected the conclusion of the judgment due to misunderstanding of facts or misunderstanding of legal principles.

B. Ex officio determination of sentencing

As to the sentencing of the defendant ex officio, the sentence of the court below is too unreasonable in light of the following factors: (a) the defendant was the first offender without criminal punishment; (b) the defendant was the first offender with no criminal punishment; and (c) the defendant was the person having rendered distinguished service in the sixth and twenty-five years; and (d) the victim’s intangible attitude appears to be somewhat reasonable in light of the circumstance; and (b) other various conditions of sentencing indicated in the records, such as the defendant’s age, character and conduct, and environment.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is decided as follows. The summary of criminal facts and evidence is as follows.

The summary of the facts constituting an offense and evidence recognized by this Court is identical to the entries of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

§ 311. Selection of fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act (50,000 won per day)

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Concurrent: Fines 300,000, and the grounds for sentencing as seen earlier, etc.)