logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2016.04.28 2016노31
상습협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts, mental or physical weakness, and improper sentencing);

A. As stated in the lower judgment, the Defendant did not habitually threaten the victims, such as D, and there was only a whistle to the effect that he would be kid by the victim K, and there was no threat of the said victims by waiting for tobacco, and there was no fact that the Defendant committed an indecent act by deceiving the chest of the said victim.

B. The Defendant committed the instant crime in a state with weak mental and physical disorder because the Defendant suffered from a stimulative disorder, stimulative disorder, etc. with respect to alcohol.

(c)

all guiltys

Even if the court below's punishment (one year of imprisonment, 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant is found to have committed an indecent act by force by threatening victims, such as D, by habitually threatening the victims as stated in the facts constituting the crime in the judgment below, by threatening the victims K, and by threatening the victims K, and by deceiving the left chest of the women.

The defendant's assertion of mistake is without merit.

B. As to the assertion of mental and physical weakness, the Defendant is deemed to have suffered from alcohol-related senscence, bipolartic disorder, etc., but, in light of the motive, circumstance, means and method resulting in the instant crime, and the circumstances before and after the instant crime, etc., the Defendant was in a state of lacking ability to discern things or make decisions due to such disease.

shall not be appointed by a person.

The defendant's mental and physical weak argument is without merit.

(c)

Considering the various circumstances, such as the motive, means, and result of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, and criminal experience, the lower court’s punishment cannot be deemed to be unfair due to excessive disregarding.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is justified.

arrow