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(영문) 광주지방법원 2018.08.29 2018노1975

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the order to complete a sexual assault treatment program for 6 months and 40 hours) is too unreasonable.

2. The Defendant committed the instant crime that the Defendant committed an indecent act on the part of the victim without having been sentenced to the suspended sentence of imprisonment due to a crime committed against the victim, and the fact that the Defendant did not agree with the victim is disadvantageous to the Defendant.

However, it is important that the defendant recognized the crime of this case and reflects it, and the extent of the type used by the defendant is serious.

In full view of the facts that the Defendant committed the instant crime in a state of mental and physical weakness due to alcohol dependence, and the fact that the Defendant was detained for a considerable period of time due to the instant crime, including the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is somewhat unreasonable and unfair, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court as well as the facts charged and the summary of such evidence are shown in the second summary of the judgment below

1. The defendant's statement in the court below (as at the third trial date) of the court below (as at the third trial date), except for adding Eul, is the same as each corresponding column of the court below's judgment, and such statement is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes;

1. According to the results of inquiries into each of the facts at a hospital, G hospital, and the hospital specified in the three ports of the Criminal Act for the mitigation of mental and physical weakness (the court below’s desired hospital, G hospital, and port) and the results of a mental assessment, the Defendant’s change of things caused by alcohol addiction and acute alcohol addiction.