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(영문) 인천지방법원 2015.12.18 2015노3157

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main points of the grounds for appeal are as follows: (a) the lower court’s sentence of a fine of KRW 6 million (the suspended sentence of a fine of KRW 6 million) is too un

2. The facts that the Defendant led to the confession and reflect of the instant crime, the primary offender, etc. are favorable to the Defendant. However, the instant crime is committed in favor of the Defendant. However, the Defendant did not take measures to compensate for damages to the Defendant’s body, considering the following facts: (a) the Defendant got out from the right side to the left chest of the victim by extending back one time; (b) the victim got out of the victim’s body by playing and driving out the victim; (c) the victim was frightening the victim into the right side of the victim; (d) the victim was frightening the victim, and the victim was frighten on two occasions, and the victim’s chest was frightened on one occasion; and (e) the victim’s chest was frightened on two occasions; (e) the nature of the instant crime is very poor; (e) the victim appears to have suffered considerable mental pain due to the instant crime; and (e) the victim did not take measures to compensate for damages to the trial; and (e) the Defendant’s age records and the Defendant’s age environment.

3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act suspended execution (Consideration in the front to the defendant's favorable circumstances, etc.);

1. Social service businesses under Article 62-2 of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;