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(영문) 청주지방법원 2017.06.23 2017노509

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. As to the sentence imposed by the court below (ten months of imprisonment and forty-hour order of sexual assault treatment program), the defendant asserts that the defendant is too uncomfortable and unfair, and that the prosecutor is too unffortable and unfair.

2. The circumstances favorable to the defendant include the fact that the defendant made a confession of his/her crime when he/she was in the first instance, and that there is no record of punishment until now, etc.

However, the defendant committed several identical and similar crimes and committed the crime again, despite being sentenced to a suspended sentence, despite being sentenced to a fine and a suspended sentence, and thus, the defendant is highly likely to repeat the crime. The defendant committed several crimes over a short period of time, and the victims of the crime are relatively socially weak, and more likely to be criticized in that they are North Korean women or women engaged in entertainment business, and the defendant is liable to compensate the victims for the damages and has not agreed to or has not received any instruction.

In full view of all the sentencing conditions, including the Defendant’s age, criminal record, relation, sex, occupation, environment, motive and background of a crime, means and method of a crime, and circumstances after a crime, etc., the prosecutor’s assertion is reasonable, and the Defendant’s assertion is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the prosecutor’s appeal is with merit and with merit, and the following is again decided after pleading (the court below’s appeal is without merit, but the court below’s appeal is accepted by the prosecutor’s appeal is reversed, and it is not dismissed separately). [Judgment used again] Criminal facts and summary of evidence acknowledged by the court is the same as the corresponding column of the judgment of the court below.