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(영문) 울산지방법원 2020.12.03 2020노1066
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. After the pronouncement of the judgment of the court below, the defendant prepared a written agreement with the victim E to the effect that the victim E is not punished for the defendant.

Considering the above reasons and the conditions of sentencing that the court below stated in the reasons for sentencing, it is necessary to re-determine the sentence because the sentence imposed by the court below is too unreasonable because it is too unreasonable.

3. The judgment of the court below is reversed, and the following is decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Articles 300 and 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, Article 50 (3) 2 and 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the Punishment, etc. of Sexual Crimes (a failure to submit personal information change information);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (aggravated Punishment on Crimes of Indecent Act by Compulsion with Respect to which the most severe punishment and nature of the crime are committed);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The punishment shall be determined in consideration of the grounds for reversal of the sentencing of the children and juveniles subject to employment restriction order, the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare

Where this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's personal information registration period is 15 years in accordance with Article 45 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which causes the registration of personal information.

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