logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2019.01.23 2018노118
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair form) contains an assertion of mistake in the statement of grounds for appeal submitted by a defense counsel to this court on October 5, 2018, but the defendant and defense counsel withdrawn an assertion of mistake in facts on the date of the first instance trial.

The punishment sentenced by the court below (seven years of imprisonment) is too unreasonable.

2. The Defendant’s finding that all of the instant crimes were committed in this court is favorable to the Defendant.

However, the Defendant had been sentenced to imprisonment for 2 years and 6 months on the ground that he had been sentenced to imprisonment with prison labor for 5 weeks on a long-term basis, by using golf loans, excessive, and bags, and by assaulting the victim in a long-term-term and non-discriminatory manner, and thereby causing bodily harm to the victim. The Defendant took 1.8 million won from the victim without being subject to special injury, and took cash from the victim for narcotics. The Defendant denied the initial crime in the investigation, and ordered the victim to make a false statement while denying the initial crime. The Defendant was also aware that the Defendant had been under the control of the pre-existing female who had been under the control of the victim. In particular, the Defendant had been sentenced to three years and 6 months on the ground that he had sexual intercourse with the female under the control of the pre-existing female who had been under the control of the victim and had been under the control of the victim in the state of non-competing. In addition, even when each of the crime was committed at the time of the crime in this case, it did not constitute a normal crime committed.

In addition to these circumstances, the victim submitted a written agreement and a written application stating that the victim does not want the punishment of the defendant to an investigative agency, but this was directed the victim to prepare and submit it to the investigative agency. At the time of the call with the investigative agency for the preparation process, the victim showed extreme apprehension, so the defendant should not know, and the victim was immediately forced.

arrow