logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.10.16 2014노2622
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

but for three years from the date this judgment becomes final.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have reached an opportunity to reflect his mistake by being detained on July 17, 2014 and being detained for not less than three months since the defendant led to the confession of the crime of this case and the misunderstanding of his mistake; the defendant has a large amount of drinking alcohol in the state of depression and brought about a sexual relationship with the victim not to accurately memory the situation at the time when the defendant brought about a sexual intercourse with the victim; the defendant wanted the defendant's wife by agreement with the victim in the course of investigation; the defendant has no same power; the defendant was detained in court on the day of the sentence of the court below on July 17, 2014; the defendant appears to have an opportunity to reflect his mistake; and in light of other various factors, including the defendant's age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc., the punishment of the court below is too heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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 Article 156 of the Criminal Act, Articles 156 and 350 (1) of the Criminal Act, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);

1. Social service order under Article 62-2 of the Criminal Act;

arrow