(영문) 부산고등법원 2020.04.01 2019노646 | 리걸엔진

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(영문) 부산고등법원 2020.04.01 2019노646

주거침입등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

(2).

Reasons

1. The summary of the grounds for appeal: The sentence of imprisonment (one year of imprisonment) by the lower court is too unreasonable.

In other words, the Defendant and the candidate for medical treatment and custody (hereinafter referred to as the “Defendant”) committed the instant crime in the course of hedging with the annual sulna for six years during which they were suffering from alcohol pain and depression by failure in their businesses with good faith, and comprehensively taking account of the fact that the Defendant does not want the punishment against the Defendant in the case of the victim F in consultation with the victim F at the trial, the sentence of the lower court is too heavy.

2. We examine ex officio the number of crimes and the part of confiscation of a prosecuted case prior to the judgment on the grounds of appeal.

A. On June 13, 2019, the lower court dealt with the following facts: (a) the Defendant’s act of paragraphs (a) and (b) of Article 5 of the facts constituting a crime in its holding; (b) the Defendant, prior to the restaurant of “ Q” located in Suwon-gu P, Busan on June 13, 2019; (c) the Defendant’s act of marking the victim’s M as he/she would in his/her hand-on phone and the act of inserting the O’s hand-on phone into the victim’s titts; and (d) the Defendant’s act

However, according to the evidence duly adopted and examined by the court below, each of the above acts is deemed to be continuous under the single criminal intent, such as assaulting the handphone or gathering the handphone into Trts, by means of injecting or returning the O's request by the defendant to return the handphone, and its interval is only one minute. Thus, it should be deemed that multiple assault crimes are not established against each of the above acts, but only a single assault crime is established.

Nevertheless, as seen earlier, the lower court deemed each of the above acts as constituting a crime of violence and dealt with it as concurrent crimes. In so determining, the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby affecting the conclusion of the judgment

(b).

유사 판례

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