(영문) 대구지방법원 2016.01.29 2015노4700 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.01.29 2015노4700

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The two-year imprisonment sentenced by the court below to the summary of the reasons for appeal is deemed to be too uneasible and unfair.

2. However, the Defendant committed the instant crime without being aware of the offender during the period of repeated crime resulting from rape in the judgment of the court below, the Defendant committed the instant crime without being aware of the offender during the period of repeated crime resulting from rape in the judgment of the court below, the Defendant had been sentenced to criminal punishment not only 11 times but also several times, including the above repeated crime, and the Defendant did not take any particular measures to recover victims from injury up to the heart. The Defendant committed the instant crime against the victim C by approaching the aged female victim by using a pseudonym, and taking sex and taking property back after having sexual intercourse. The offense against the victim C is very bad in nature, and it is necessary to prevent the Defendant from obstructing the performance of official duties in order to protect the State’s legitimate performance of duties, and establish a sound social order. The Defendant sent a letter to the victim’s singing class attending the above victim, and continuously sent it to the victim’s singing class to the court below, and the above victim complained of serious mental pain, and the Defendant’s assertion that the Defendant’s argument in this case’s sentencing is without merit in light of all circumstances.

3. Since the prosecutor's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 319(1) of the Criminal Act (the point of intrusion upon each residence) concerning the facts constituting an offense.

참조조문

-형법 제319조 제1항

유사 판례

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