logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.11.29 2018노1604
상해등
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 forty hours.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal is too unreasonable (a punishment of imprisonment with prison labor for a period of one year, forty hours, orders to complete sexual assault treatment programs, three-year employment restriction orders, confiscations).

2. The Defendant’s sentence against the Defendant is inevitable, considering that the Defendant’s act of committing the instant crime was committed in order to force the victim to terminate the kisck room by purchasing up to three times the body, etc. of the victim by using the Internet to determine the reasons for appeal via the Internet of the judgment on the reasons for appeal. However, regardless of such purpose, the Defendant appears to have caused the kiscing victim to feel, and that the shock and fear of the kiscing victim was very serious.

However, in full view of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant recognized his mistake from the trial process (the defendant denied the suspicion of injury during the investigation process), the fact that the victim agreed with the defendant expressed his intention to seek the defendant's preference, the fact that there is no record of criminal investigation, and the fact that there is no record of criminal investigation on the defendant's health, social ties, relationship with the victim, relationship with the victim, and circumstances after the crime, the punishment sentenced by the court below is deemed unfair.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following decision is rendered again after pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court are all identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crimes and the choice of punishment;

arrow