(영문) 인천지방법원 2015.06.19 2015노1444 | 리걸엔진

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(영문) 인천지방법원 2015.06.19 2015노1444

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable;

2. The crime of this case on board is committed by the Defendant: (a) while she was sing together with the victim within 2 studs, she sing the victim behind the victim while she was singing together with the victim; (b) placed the victim on the part of the victim by force; (c) placed the victim on the part of the victim on the part of his/her chest, her chest on the part of the victim by force; and (d) committed indecent act against the victim by force by putting him/her on the part of the victim

대고 라이터 불을 껐다

In addition, the victim's '50,000 won and up to § 50,00 shall be fluenced with flusing flusity, flusity, face, and flusing with face.

The crime of this case is very poor by carrying dangerous articles and threatening a victim, and the crime of this case is committed to an investigative agency, and the victim suffers from serious mental suffering due to the crime of this case, etc. is disadvantageous to the defendant.

On the other hand, however, the court below's punishment against the defendant is somewhat unreasonable in light of the following: (a) the defendant led to the confession of all the crimes of this case and seems to have the time of reflectiveness through confinement for two months; (b) the victim complained of the defendant's wife; (c) there is no criminal record of the same kind; and (d) there is no record of criminal punishment exceeding the fine; and (e) other various sentencing conditions in the records and arguments, such as the defendant's age and behavior environment; and (e) the circumstances before and after the crime.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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-서울고등법원 2013.05.03 2013노364