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(영문) 대구지방법원 2016.01.29 2015노4886
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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 becomes final and conclusive.

Reasons

1. The 6-month imprisonment with prison labor declared by the court below is too unreasonable.

2. The judgment of the court below is too unreasonable on the grounds that the defendant was found to be guilty of the facts charged of this case and reflects the depth thereof; the defendant was not guilty of a sex offense or of a fine; the extent of the indecent act of this case is not severe; the defendant was aged 72; the defendant was aged 72; and other conditions of sentencing specified in the records and arguments, such as character and behavior, environment, family relationship, and circumstances after the crime, are considered. Thus, the defendant's assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the arguments are followed again.

Criminal facts

The summary of the facts constituting a crime and the gist of the evidence admitted by the court is as follows: (a) except for the addition of “1. Defendant’s oral statement” to the column of the evidence, the same as the corresponding column of the judgment of the court below. As such, it is cited by Article 369 of the Criminal Procedure Act as it is.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Where a conviction on a sex crime subject to the registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant 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 defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant is admitted due to the age, occupation, risk of repeating a crime, motive, method and seriousness of the crime of this case, order of disclosure or notification of personal information is exempted.

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