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(영문) 수원지방법원 2015.06.11 2015노516

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. In light of the gist of the Defendant’s grounds of appeal (e.g., the Defendant’s mistake, the degree of indecent act is relatively minor, support the mother, etc., the sentence of the lower court that sentenced to six months of imprisonment, orders to complete sexual assault treatment programs for 80 hours, orders to disclose the two-year disclosure order, and orders to notify the Defendant is too unreasonable.

2. The judgment of the court below is against the defendant's wrong, and the victim expressed his intention that he would not want the punishment of the defendant when the trial was in question, and taking into account the motive, background, means and methods of the crime of this case, the circumstances after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct, environment, etc. of the defendant as shown in the records and arguments of this case, there is a reason to believe that the

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.

Criminal facts

The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment of the court below. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Indecent conduct at an open space in the relevant legal provisions and a judgment of the choice of punishment on criminal facts: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Probation and Order to Attend, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to

The defendant is exempted from the disclosure order and notification order.