logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2018.02.09 2017노1488
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (the imprisonment of six months, confiscation, and order to complete a sexual assault treatment program of forty hours) against the defendant sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The court below held that the defendant's punishment against the defendant is imposed by taking account of the circumstances such as the defendant's confession of all of the crimes of this case and reflects the depth of the crime, the fact that the defendant has no record of committing the crime in the Republic of Korea, the amount of damage to the public, and the fact that the above sexually related video was spread out of the outside. The crime of this case seems to have been committed by showing the attitude that the defendant taken sexually sexually sexual humiliation to the victim by photographing the sexually related video of the victim's sexual intercourse, and continuously demanding money with the above video, since the crime of this case was very bad in quality and mental impulse to the victim, regardless of such damage, and that the defendant was unable to receive a letter from the victim or recover the damage.

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

arrow