logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.01.24 2013노3590
강도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant’s misjudgments the Defendant in depth; (b) the amount taken by force is not much significant; (c) there is no criminal record heavier than a fine imposed on the Defendant; (d) robbery; and there is no criminal record related to sexual assault; (e) the Defendant lost his/her workplace accompanying the Defendant in this case; and (c) the Defendant’s punishment and senior mother are going to assist the Defendant in preventing recidivism and returning to society.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case is extremely poor in light of the criminal law and the degree of damage due to the indecent act committed by the defendant by compulsion, taking property by force, and the case committed by indecent act after the taking of property, the type of force or indecent act by the defendant is not easy, the victims suffered a big sexual humiliation and mental suffering due to the crime of this case, the damage was not recovered, and all victims want to punish the defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing criteria of the Sentencing Commission of the Supreme Court and the sentencing criteria of the Sentencing Commission of the Supreme Court have no type 1 (general robbery) [the scope of recommending punishment] [the scope of recommending punishment], the basic area of the crime of indecent act by force (the subject of punishment of 13 years or older) and the first type [the scope of recommending punishment] [the general form of indecent act by force] [the scope of recommending punishment], the basic area of the crime of indecent act by force (the subject of punishment of 13 years or more), the basic area of the crime of 6-2 years or more: the minimum of 2-5 years and the maximum of 4 years or more shall be the minimum of the basic crime, and the maximum of 1-4 years and 2-2 years or more, the maximum of the basic crime shall be the maximum of 1-2 years or more.

arrow