logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.02.10 2020노2801
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of August, the suspended sentence of two years, the community service order of 80 hours, the order to attend a lecture for the treatment of sexual assault, 40 hours, and 3 years of employment restriction order) is too unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. In light of the facts and parts of the instant indecent act, the circumstances before and after the instant indecent act, the relationship between the Defendant and the victim, etc., the crime’s quality is less and less than that of the victim, and the fact that the victim seems to have suffered considerable sexual humiliation and mental suffering is disadvantageous.

However, taking into account the Defendant’s age, sex, environment, occupation, motive for committing the instant crime, circumstances after committing the crime, etc., including the fact that the Defendant committed the instant crime with no criminal history, and took into account all of the sentencing conditions as shown in the instant records and arguments, such as the fact that the Defendant committed the instant crime, and appears to have caused the instant crime by contingently, and that it appears to have led to the instant crime, and that the victim was making efforts to recover damage by depositing money in the name of the agreement on behalf of the victim several occasions, and that the victim was in the first instance.

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 well-grounded, and the following decision is rendered after pleading. However, as long as the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor'

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

arrow