logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.09.12 2013노1270
준강제추행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (the first instance court: the fine of 2 million won, the second instance court; the fine of 3 million won) is too unreasonable; and

2. On the other hand, the Defendant appealed against each of the above decisions, which was tried separately in the judgment of the Government District Court 2013 High Court 2013 High Court 639, which was sentenced to a fine of KRW 2 million, which was sentenced to a fine of KRW 3 million in the judgment of the Government District Court 2012 High Court 2010, which was tried separately, and each of the appeals was appealed in the trial proceedings. The arguments were joined in the trial proceedings. Each of the offenses against the Defendant, which the judgment of the court below rendered against the Defendant, shall be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act, on the other hand, in the concurrent crimes under the former part of Article 37 of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed in its entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of facts and evidence admitted by the court is the same as the sum of each corresponding column of each judgment of the court below in addition to adding "1.1.1.1. defendant's oral statement" to the summary of evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 299 and 298 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the same Act concerning criminal facts, the choice of a penalty, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The victim E is still suffering from mental distress due to the defendant's residential intrusion and quasi-indecent act by force on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act.

arrow