logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.09.14 2017노1376
협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The lower court’s scope of trial in this Court dismissed each of the facts charged in this case’s prosecution, and convicted the remainder of the facts charged. Since the prosecutor did not appeal against the dismissal part of the indictment, the dismissal part of the lower judgment’s dismissal became final and conclusive separately.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

The Defendant’s mental and physical disorder with the summary of the grounds for appeal in the instant case was in a state of mental and physical weakness due to mental illness such as proof of alcohol and depression at the time of each of the instant crimes.

The punishment sentenced by the court below to the defendant (the order to complete a sexual assault treatment program for 8 months and 40 hours) is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

According to the evidence duly admitted and examined by the lower court as to the Defendant’s mental and physical argument on the grounds of appeal, the Defendant was deemed to have a drinking condition at the time of each of the instant crimes, but in light of the background leading up to each of the instant crimes, the method and method of the crime, and the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

Therefore, we cannot accept the defendant's above assertion.

With respect to each of the unfair sentencing arguments by both parties, the sentencing of the defendant and the prosecutor together are examined as follows.

In addition, the records, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the defendant's age, sex, environment, occupation, and family relationship, such as the fact that the defendant recognized the instant crime and agreed smoothly with the injured victim, and the fact that the defendant had been punished several times as violent crimes, etc., are disadvantageous to the defendant.

arrow