(영문) 대전지방법원 2015.10.21 2015노2479 | 리걸엔진

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(영문) 대전지방법원 2015.10.21 2015노2479

강제추행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant on the basis of the judgment is an indecent act committed by the victim and obstructed the victim’s singing room business, and the nature of the crime is very poor, and the Defendant appears to have been above the defense in the lower court rather than against his own mistake, and is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has been aware of his crime when he was in the trial, and that the defendant appears to have committed the crime of this case by contingently during his being in prison, that the defendant does not want to be punished for the defendant, that the defendant did not have any record of punishment for the same crime, and that he seems to have had any time to reflect his wrong during his detention period exceeding one month, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the records and arguments, the Defendant’s punishment imposed by the lower court is somewhat inappropriate, and thus, the Defendant’s allegation of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of each corresponding column of the judgment of the court below, and they are cited as it is in accordance with Article 369

Application of Statutes

1. Article 298, Article 260 (1), and Article 314 of the Criminal Act concerning the crime;

참조조문

유사 판례

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