(영문) 대전지방법원 2017.11.30 2017노2929 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2017.11.30 2017노2929

주거침입등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. Although the victim appears to have suffered from irrecoverable mental harm due to the instant crime, the victim did not agree with the victim until the party is in mind, it is necessary to strictly punish the defendant.

However, the court below's sentence is too unfair in light of all the sentencing conditions, such as the defendant's age, sexual behavior, environment, motive, means and consequence, and circumstances after the crime, etc., where the court below's sentence is too unreasonable in light of the following: (a) the defendant was committed; (b) the defendant deposited KRW 3 million for the victim in the related civil procedure; (c) the victim appears to have been able to recover additional monetary damage via the above civil procedure; (d) the mental disease suffered by the defendant seems to have been a cause for the crime of this case; and (e) the mental disease suffered by the defendant appears to have been a cause for the crime of this case; and (e) the defendant's life through confinement for a considerable period of time seems to have occurred; and (e) the mental disease is likely to have occurred as a result of the crime of this case; and (e) the defendant's age, sex, environment, motive

As seen, it is deemed necessary to observe the protection and observation of the protective observation office as an incidental disposition for preventing recidivism and correcting character and conduct, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading, on the ground that the defendant’s appeal is well-grounded.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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유사 판례

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