logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.07.27 2017노610
특수협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Seized divers (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year and three months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of the accused committed not only a majority of criminal records, but also a repeated crime period, and the nature of the crime is not somewhat weak by putting the sadras as his hand and stimulating abusive incentives.

However, the Defendant did not suppress the victim’s sentiment and committed the instant crime contingently, and immediately after the commission of the crime, the damage out of the toilet is relatively minor.

Considering the fact that the defendant recognized the crime of this case and is in profoundly contradictory to the same similar case, the sentence of the court below is unreasonable.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 284 and 283 (1) of the Criminal Act concerning the selection of punishment;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Article 48 (1) 1 of the Criminal Act to be confiscated;

arrow