(영문) 수원고등법원 2019.11.28 2019노385 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2019.11.28 2019노385

특정범죄가중처벌등에관한법률위반(보복협박등)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (10 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) imposed by the lower court against the Defendant is too unreasonable.

B. It is unreasonable for the lower court to exempt the Defendant from the disclosure order of information and the employment restriction order, in the absence of special circumstances to disclose or notify the Defendant’s personal information or not to place the employment restriction, on the grounds that the sentence imposed by the lower court is too uneasible. 2) The lower court’s exemption from the disclosure order and the employment restriction order against the Defendant.

2. Determination

A. As to the assertion of unfair sentencing by both parties, the following are circumstances: (a) the defendant intrudes the victims at least three times against the victim’s will in the victim’s residence; (b) the victims threatened the victims with the purpose of retaliationing the reported Defendant as the crime of confinement; (c) the victim’s appearance, which might cause a sense of shame, was taken against the victim’s will; and (d) the victims were exposed to the victim’s I procion and openly displayed the victim’s appearance; (d) the victims visited the victims, referring to the victims by visiting the Ic marketing; and (e) the victims were abused; (e) the victim abused the victim C; and (e) the victim was damaged by the victim’s tree board, which is a public object at the cell of the police station, in light of the background, content, and method of each of the instant crimes; (e) there was no record of punishment against the Defendant several times; and (e) the victims were punished by the Defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, the fact that the defendant did not intrude into the family room where the victims reside, and the fact that the defendant suffers from the composite neutism due to the chronic damage of the arms.

The above circumstances and the sentencing conditions specified in the trial process of the instant case are attached.

유사 판례

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-대전고등법원 (청주) 2014.12.18 2014노192

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