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(영문) 대구지방법원 2020.09.11 2020노161
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment with prison labor for not less than one year and four months, probation, community service and lecture attendance order, and employment restriction order) imposed by the court below is deemed to be too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal ex officio, the crime of intimidation and intimidation as stated in Paragraph (3) of the same Article is a crime falling under Article 283 (1) of the Criminal Act and cannot be prosecuted against the express intent of the victim under paragraph (3) of the same Article.

Furthermore, according to the written agreement submitted to the court below, the victim B may recognize the fact that he/she withdraws his/her intention to punish the defendant on December 11, 2019, which was after the prosecution of this case. Thus, the prosecution against this part of the facts charged should be dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

Nevertheless, the judgment of the court below convicting this part of the facts charged is unlawful.

3. In conclusion, the judgment of the court below has a ground for ex officio reversal as seen above, and the fact of intimidation which must dismiss public prosecution as above, and the remaining crimes as stated in the judgment of the court below are treated as concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court below which

Therefore, without examining the prosecutor's assertion of unfair sentencing, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

[Discrimination of the reasoning of the judgment below] Criminal facts and summary of the evidence acknowledged by the court below are as follows: ① the part of the "3. Intimidation" from among the criminal facts of the judgment below (section 3. 19 to 4. 18 of the judgment of the court below). ② The "Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act No. 1999, Apr. 19 of the judgment of the court below)" is deleted.

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