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(영문) 의정부지방법원 2017.06.01 2017노276
강요등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 (Handphones.)

Reasons

1. The court below's scope of trial in this Court judged that the defendant was forced, guilty of a special assault, and sentenced to dismissal of prosecution as to the charge of assault and intimidation. The defendant appealed only for the guilty part, and the prosecutor did not appeal, and the rejection part of prosecution for which the defendant and the prosecutor did not appeal has become final and conclusive. Thus, the scope of trial in this Court is limited to the guilty part.

2. The main point of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (three years of imprisonment, confiscation) is too unreasonable.

3. The Defendant resided in an apartment complex, such as the victim, and was an individual diplomatic researcher who received education from the victim at an elementary school or high school level.

Although the Defendant was in a position to properly guide the victims to help them grow up with mental growth, such a part of the crime was committed and the crime of this case was committed.

The crime of this case imposes force on the victim to force the victim to have a serious moral humiliation and sense of shame by threatening the victim by assaulting the victim several times, spreading dynamic images about the victim, and informing the parents of the victim of the relationship with the victim, on the ground that the victim has become adult and is acting freely without any absolute obeyion to the victim’s horse, on the ground that the victim has become adult and is acting in the university.

The defendant tried to control the mind and body of the victim in a superior position, and the shock and fear of the victim's receipt was very important.

In principle, it is inevitable to punish the defendant.

However, the defendant agreed with the victim at the original trial stage, and the victim expressed his/her intention not to be punished against the defendant.

In addition, one victim has reached the trial and has been submitted three times in the trial.

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