(영문) 서울고등법원 2015.03.06 2014노4020 | 리걸엔진

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줄 간격

자간(%)

(영문) 서울고등법원 2015.03.06 2014노4020

협박등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant is inevitable to punish the Defendant, on the grounds that the Defendant intending to kill the accompanied person by gathering the victim, and repeated intimidation of the victim as if he were to spread photographs before and after the crime, and the nature of the crime is bad, and the mental suffering caused by the crime seems to have been high, and that there is considerable mental suffering to the present time, such as depression and apprehension symptoms, etc.

However, it is true that the defendant has the ability to compensate the victim for his own name, and the victim does not want the punishment of the defendant in the trial, including the fact that the defendant has led to his confessions of all the crimes and misunderstandings, the victim has been missing and attempted, the defendant has no other criminal records other than juvenile protective disposition three times, the defendant does not have access to the victim in the future, and the defendant does not want the victim's punishment in the trial, and the defendant's parents and relatives do his best to ensure that the defendant will continue to return his studies to normal social life, and the defendant has the ability to escape from his age, family relations, criminal records, personality and conduct, environment, motive and circumstances of the crime, the means and methods of the crime, etc., and all the sentencing conditions of the defendant's punishment imposed by the court below are too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.

참조조문

-형사소송법 제364조 제6항

유사 판례

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