logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2019.06.20 2019노222
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. It is alleged that the Defendant committed the instant crime with weak mental and physical knowledge due to alcohol existence, etc. However, in light of the background, mode, and circumstances after the instant crime, etc., it does not seem that the Defendant was in a state where the Defendant had the ability to discern things or make decisions at the time of committing the instant crime. Therefore, the above assertion by the Defendant is without merit.

B. The Defendant asserts that the sentence of the lower court (two years of imprisonment) is too unreasonable. However, in light of all the sentencing conditions indicated in the records and arguments of this case, even if considering the Defendant’s health condition, it is not recognized that the sentence imposed by the lower court is too unreasonable.

In relation to the crime of indecent act by compulsion, it is recognized that the indictment was revised to the effect that the part that only "times" and used were only once and used as follows, as seen below, and that the crime was corrected, but the nature of the crime does not change in light of the contents and the method of the defendant's indecent act by compulsion.

The defendant's above assertion is without merit.

2. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per

In the trial of the court, the prosecutor applied for permission to amend the Bill of Indictment, which deletes the part of the charges No. 7 and No. 8 of the charges No. 167 at the trial of the court, and this court permitted it. However, the object of the trial of the court was changed.

Since there is no change in the facts charged to the extent that it affects the defendant's right of defense, the judgment of the court below is not reversed on the ground of changes in indictment, and the corresponding part of the judgment

On the other hand, the judgment of the court below on the protection of children and juveniles against sexual traffic is stated in the part of the employment restriction order.

arrow