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(영문) 대전지방법원 2020.09.09 2020노2279
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to imprisonment for 0 months, completion of sexual assault treatment programs for 24 hours, and restrictions on employment of welfare facilities for children and juveniles-related institutions, etc. for 1 year) of the lower court is too unreasonable;

2. We examine the judgment. Although the nature of the crime in this case is less than that of the defendant committed an indecent act against the police officer called out after receiving a report in addition to assaulting an elderly taxi engineer, the sentence of the court below is too unfair, considering all other circumstances, including the defendant's age, occupation, character and behavior, environment, motive and result of the crime, circumstances after the crime, etc., such as the defendant's age, occupation, character and behavior, etc., as well as the fact that the defendant has committed an indecent act against the police officer called out after receiving a report, and in addition to the fact of the crime in this case, he deposited 3 million won for the victim H in addition to the agreement with the victim D after the sentence of the judgment of the court below, and the deposit of 3 million won for the victim H.

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 is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning Criminal Facts, Article 298 of the Criminal Act and the choice of imprisonment

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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