logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.10.17 2019노4630
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six 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 reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant, who had a relationship with the victim, threatened the victim as if he were to spread a video image with a sexual intercourse, and the victim reported the form with another male, and assaulted the victim in a non-discriminatory manner with another male, thereby causing bodily injury, such as the right-hand, high-speed, which requires four weeks of treatment, and the nature of the crime is very poor in light of the method and content of the crime.

The victim seems to have suffered considerable mental or physical pain due to the crime of this case.

Therefore, it is necessary to strictly punish the defendant.

However, in full view of the favorable circumstances, including the fact that the defendant led to the crime of this case and reflects his depth, that the defendant did not actually spread the video images of which sexual intercourse was taken, that the victim did not want the punishment of the defendant, that the defendant did not want to be punished once by a fine due to larceny, etc., that the defendant did not have any specific criminal power, and that the defendant's wife want to be punished by a fine by larceny, etc., and that the defendant's wife want to be punished by a fine, as well as other favorable conditions indicated in the argument of this case, such as equity in sentencing with the same and similar incidents, and other conditions of sentencing as shown in the argument of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime, etc., it is deemed that the

Therefore, the defendant's above assertion is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

arrow