(영문) 의정부지방법원 2020.05.28 2019노3687

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자간(%)

(영문) 의정부지방법원 2020.05.28 2019노3687

주거침입등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, 40 hours of order, and 3 years of restriction on employment) is too heavy or too unfilled (the Defendant).

2. We examine both parties’ assertion of unfair sentencing.

However, there are circumstances to consider the defendant that the defendant led to the crime of this case, and that the defendant was the first offender who has no record of the crime.

However, the defendant taken the victim's appearance by means of planned and interviewing the victim's cell phone with the victim's cell phone number, which was identified by such means, after breaking the victim's house, and breaking the victim's appearance into the victim's residential space. The defendant taken the victim's appearance for a long time (the victim was taken for several years, and the victim was taken within his residence for more than five months) by means of these methods, and the victim complained of serious mental suffering with knowledge that the victim suffered such damage within the house that he should know, but it is judged that the defendant led to the crime of this case before the victim's apparent physical evidence, and that it is necessary to seriously reflect the defendant's age, character and behavior, environment, family relationship, motive for the crime, details and method of the crime, circumstances after the crime, etc., it is judged that the court below's sentencing is unfair.

Therefore, the prosecutor's assertion of unfair sentencing is accepted and the defendant's assertion of unfair sentencing is not accepted.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

[The reasons for the judgment of multiple times] criminal facts and the summary of evidence are recognized.

참조조문

-형사소송법 제364조 제6항

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