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(영문) 서울중앙지방법원 2015.06.26 2015노930

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is unreasonable because the lower court’s punishment is too unhued.

2. The fact that the defendant confessions the confession and reflects the mistake, and that the victim does not want the punishment of the defendant under an agreement with the victim is a favorable circumstance.

However, the crime of this case is very poor in light of the details and circumstances of the crime, and the crime of this case is committed against women who were divingd by the defendant on January 23, 2014. The defendant was bucking down against the defendant who was diving and dumping down the body of the victim. The defendant dump, knife the body of the victim, knife the body of the victim, and the victim's knife the body of knife the body of knife the body of the victim's knife the body of knife the body of the victim, and the victim's knife the body of the victim's knife the body of the victim's knife the body of knife, the victim's knife the body of the victim's knife the body of knife.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 70 of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The facts constituting a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;