logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.27 2014노1058
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 80 hours.

Reasons

Summary of Grounds for Appeal

The punishment sentenced to the defendant (limited to four years of imprisonment, 80 hours of completion of sexual assault treatment programs, and 3 years of disclosure and notification) is too unreasonable.

Judgment

Defendant is in an internal relationship.

In light of the fact that finding the victim D even before his/her place of residence and place of work, intimidation, assault, or assault, or assault, or assault, and rape once every two months, the victimJ, the husband of the victim D, sent a text message that may cause uneasiness to the victimJ through a short time a week, and the defendant did not agree with the victims or receive a letter of suspicion, even though the victim suffered a considerable pain, the crime is not less complicated.

On the other hand, the defendant recognized all of the crimes of this case and reflects the fact that there is no criminal punishment except for the punishment of a fine for driving without license since 2002, the defendant is responsible for livelihood and support for wife and children, the defendant's failure to conduct appraisal during the hedging for two years with victim D and 2 years, the victim D was punished against the defendant, but the defendant did not want a serious punishment considering the reorganization of return to the defendant, while the defendant was wanting to be punished. In full view of all the sentencing conditions such as the defendant's age, family relation, criminal record, relationship, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, etc., the above argument of the defendant is justified, and the above argument of the defendant is justified.

3. Accordingly, 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.

Criminal facts

The summary of the facts constituting the offense and the evidence recognized by this court shall be as stated in the corresponding column of the original judgment.

arrow