(영문) 대전지방법원 2017.07.12 2016노2882 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2017.07.12 2016노2882

감금등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (a two-way imprisonment and an order to attend a sexual assault treatment lecture for 40 hours) of the lower court is too heavy or unreasonable;

2. The crime of this case is an unfavorable circumstance to the Defendant, where the victim, a middle student, was sexual harassment in a state that he could not get off from the vehicle of the Defendant, and the nature of the crime is not good. The crime of this case appears to have been committed with considerable mental impulse.

However, the fact that the defendant recognized all the crimes of this case, in particular, the fact that the defendant paid the victim KRW 10 million to the victim and agreed smoothly with the victim, the defendant did not have a criminal record, except for the punishment for a single fine due to the crime of this kind, and the defendant's will have a clear social relation as well as social relation, and the fact that the defendant supports his family.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is somewhat unreasonable and unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the judgment below is again ruled as follows after pleading (in the absence of grounds for appeal by the prosecutor, and as long as the appeal by the defendant is reversed on the ground that the appeal by the defendant is well-grounded, the prosecutor's appeal shall not be dismissed in separate order). 【Grounds for the judgment which is used again] The summary of facts and evidence recognized by the court are the same as stated in the corresponding column of the judgment of the court below

The laws and regulations;

유사 판례

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