(영문) 광주지방법원 2020.03.31 2020노33 | 리걸엔진

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(영문) 광주지방법원 2020.03.31 2020노33

특수존속협박등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination is an element for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant committed each of the instant crimes during the period of repeated crimes; (b) the Defendant committed several violent crimes; (c) the Defendant had been convicted of three times of imprisonment; and (d) the content of the instant special ascendant intimidation by using kitchen knife; (c) the Defendant’s mother who is the victim has threatened the victim; and (d) the Defendant has a record of assaulting or threatening the victim prior to each of the instant crimes.

However, in this court, the victim expressed his opinion that he does not want the punishment of the defendant, and that he does not want the criminal punishment of the defendant. The fact that the defendant recognizes each of the crimes of this case is an element of sentencing favorable to the defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 260 (2) and (1) (the point of violence to a lineal ascendant, the choice of imprisonment), 366 ( point of destruction and damage of property, the choice of imprisonment), 284, 283 (2) and (1) (the selection of imprisonment with prison labor) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

참조조문

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