(영문) 대구지방법원 2020.12.09 2020노3137 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구지방법원 2020.12.09 2020노3137

체포미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (one year and six months of imprisonment) declared by the court below, the prosecutor is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant’s act is not limited to the level of recognition of the Defendant’s intentional act of sex offense, it is very dangerous that the Defendant’s act would lead to a crime that may cause serious harm to the life and body of the victim, not merely deprive the victim of his/her physical freedom, but also lead to a crime that may cause serious harm to the life and body of the victim.

In light of the similarity of criminal facts before the judgment, it is necessary to punish the same type of crime for the purpose of general prevention and special prevention.

However, since the crime of this case is "the crime of attempted arrest", the proper sentencing of the defendant is the crime of this case, as cited by the court below, considering the following as a whole: (i) the crime of arrest is committed in the attempted attempt; (ii) the provision of economic consideration and the agreement with the legal representative of the victim; (iii) the defendant is in favor of his misunderstanding his mistake; (iv) the confiscing and gathering of the defendant revealed in the course of the crime of this case; and (v) the fear and shock experienced by the victim are considerable; and (v) the fact that the crime of this case constitutes a repeated offense; and (v) the circumstances unfavorable to the victim, such as the defendant's age, occupation, family relation; (v) the motive and background, means and consequence of the crime of this case; and (v) the degree of the statutory punishment as stated in the argument of this case, the punishment of the

3. According to the conclusion, the defendant and the prosecutor.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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-수원지방법원 2015.09.11 2015노4138

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