(영문) 대전지방법원 2021.01.20 2020노3824 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2021.01.20 2020노3824

강제추행등

Text

All judgment of the court below shall be reversed.

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

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant indecent act by compulsion, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

B. Each sentence of the lower court’s judgment (No. 1: imprisonment with prison labor for 1 year and 6 months, and 2 years: imprisonment with prison labor for 1 year and 1 year) against an unjust defendant is too unreasonable.

2. Judgment on the grounds for appeal

A. The defendant's assertion of mental and physical weakness is recognized as having been somewhat drinking at the time of committing the crime of indecent act by force, but in light of the background, means and methods of the crime, and the circumstances after the crime, etc., it seems that the defendant's decision-making ability to discern things or make decisions was weak. Thus, this part of the defendant's assertion cannot be accepted.

B. B. Prior to the judgment of the court below as to the defendant's unfair judgment on the judgment of ex officio, each appeal was filed after the judgment of the court below against the defendant was separately sentenced, and this court decided to consolidate each of the above appeals cases. Each of the offenses of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act and a single sentence should be sentenced under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319(1) of the Criminal Act (the point of intrusion upon residence) regarding the facts constituting an offense.

참조조문

-형법 제38조 제1항

-형법 제319조 제1항

유사 판례

-광주지방법원 2017.01.12 2016노1321

-서울고등법원 2016.03.24 2015노3258

-서울고등법원 2017.04.21 2017노56

-창원지방법원 2018.08.09 2018노659

-서울중앙지방법원 2017.08.10 2017노1373