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(영문) 수원지방법원 2017.10.26 2017노6421
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The defendant's abuse of children for 80 hours.

Reasons

1. In light of the purport of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) and the fact that the defendant reflects the defendant's wrong and that the victims expressed their intent not to have the defendant punished, the sentence of the court below which sentenced orders to complete a child abuse treatment program program for a period of one year, six months and 80 hours is too unreasonable.

2. In full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the Defendant committed each of the instant offenses by drunk and contingently; (c) the Defendant’s wife and his/her children wanted to have the Defendant’s wife; and (d) the victim I expressed his/her intent that he/she does not want to be punished by the Defendant after receiving compensation for damages incurred in the course of the trial; and (c) other factors of sentencing as shown in the instant records and arguments, such as the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the offense; and (d) the circumstances after the offense, etc., the lower court’s punishment is deemed to be unfair, and thus, the aforementioned assertion is

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The point of such special intimidation as the pertinent legal provision on criminal facts and the judgment of the choice of punishment: The point of emotional abuse against a child on the judgment of the choice of punishment: Articles 284 and 283(1) of the Criminal Act; Articles 71(1)2 and 17 subparag. 5 of the Child Welfare Act; Article 366 of the Criminal Act; Article 366 of the Criminal Act; Articles 369(1) and 366 of the Criminal Act; Articles 71(1)2 and 17 subparag. 5 of the Criminal Act; and Articles 369(1) and 366 of the Criminal Act;

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

1. Special cases concerning the punishment, etc. of child abuse crimes committed during a program;

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