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(영문) 춘천지방법원 2018.06.29 2018노343
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault against the defendant for 40 hours.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The crime of this case is committed by abusing the fact that the injured person is vulnerable to the crime due to lack of mental capacity to express his opinion, etc., and is committed repeatedly for more than one year by abusing the emotional isolation, economic weakness, etc. of the injured person resulting from the defendant's crime, and thus infringing directly on the dignity and value of the injured person as a human being, and thus, it seems that the injured person suffered from mental, physical, and economic distress. However, even though it appears that the injured person suffered from mental, physical, and economic distress, the defendant justified his act by a vindication that is difficult to understand in the course of the investigation, and did not seem to be misunderstanding against the injured person, it is disadvantageous to the defendant.

Considering the above circumstances, the sentence of sentence equivalent to the liability is inevitable, regardless of the circumstances that are favorable to the following, as the crime of this case was committed in bad faith.

On the other hand, the defendant seems to be against the defendant's wrong judgment during the trial process, and the family members of the defendant agreed with the victim by paying 130 million won to the victim, and his father of the victim and his father of the victim wanting to dismiss the defendant's wife by repeating the judgment of the court below and the trial court, and the defendant was the first offender, and there is a risk of recidivism in light of the contents of the crime of this case and the relationship between the defendant's family members.

The fact that it is not visible is the circumstances favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, and circumstances revealed in the records and pleadings, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364 (6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.

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