logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.26 2020노2222
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

1. Summary of grounds for appeal each unfair sentencing (the original trial: Imprisonment for eight months, the completion of a sexual assault treatment program, 40 hours, and confiscation);

2. In full view of the circumstances favorable to the Defendant, the Defendant’s entire confession of each of the instant crimes, and the fact that there was no record of punishment for the same kind of crime in the past, etc. in light of the circumstances favorable to the Defendant, the circumstances and methods of each of the instant crimes, etc., such as the Defendant’s liability for the crime was heavy, and the victims did not receive a letter from the victim until the trial was held, and the sentencing conditions under Article 51 of the Criminal Act, the amount of punishment imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's argument about sentencing is with merit, and the defendant's argument about sentencing is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

(On the other hand, the defendant's appeal shall be dismissed on the ground that it is well-grounded, but the decision of the court below shall not be separately pronounced in the order unless the criminal facts and the summary of evidence acknowledged by this court are "1. The defendant's partial statement" in the summary of evidence in the judgment of the court below as "1. The defendant's oral statement in the court of the first instance" is stated in the corresponding column of the judgment of the court below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), and the choice of imprisonment with prison labor

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Confiscation Article 48(1) of the Criminal Act

arrow