logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2015.04.30 2015노103
준강간미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (two years of imprisonment) is too unreasonable.

2. In full view of the following facts: (a) the Defendant did not have any history of criminal punishment prior to the instant criminal punishment; (b) the statutory punishment among each of the instant crimes was limited to attempted quasi-rape; (c) the Defendant did not want to be punished; (d) the amount of damage to each of the instant crimes was not significant; (e) the Defendant made a confession of all of his/her own crimes; (e) the Defendant’s confession of his/her crime; (b) the Defendant, alone, supported the two children and aged parents; and (c) the Defendant appears to involve excessive difficulty for his/her dependents due to the detention of the Defendant; and (d) other various sentencing conditions, such as the Defendant’s age, character and conduct, background of the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 300, 29, and 297 of the Criminal Act, Article 347(1) of the Criminal Act, Article 347-2 of the Criminal Act, Article 347-2 of the Criminal Act, Articles 352 and 347-2 of the Criminal Act, Articles 352 and 347-2 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Finance Business Act, the use of stolen check cards, and Article 2 of the criminal facts in its holding.

(b).

inclusive, paragraph 1.

arrow