(영문) 의정부지방법원 2013.05.23 2013노858

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2013.05.23 2013노858

감금등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment and confiscation) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The judgment is based on the following circumstances: (a) although the defendant, as a taxi engineer, has a duty to safely transport passengers to the destination, the nature of the crime of this case against the victim who has lost mind under the influence of alcohol, such as committing the crime of this case; (b) the defendant did not agree with the victim; and (c) there were several criminal records punished several times; (d) the defendant did not have the same criminal power; (e) the defendant committed a crime; (e) the defendant's perception of the crime; and (e) the victim was against the mistake while committing the crime; (e) the degree of mental suffering that the victim experienced in the course of committing the crime seems to have been reduced; and (e) other various sentencing factors indicated in this case, such as the defendant's age, character and behavior, occupation and environment, the background and consequence of the crime, and the circumstances after the crime, are considered to be adequate; and (e) the sentence of the original judgment seems to be too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It

(On the other hand, where a conviction of quasi-indecent act is finalized, the defendant becomes a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit personal information to the competent authority pursuant to Article 33 of the same Act. However, in light of the defendant's criminal records and the circumstances of the crime of this case,

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제32조 제1항

-형사소송법 제364조 제4항

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