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(영문) 부산지방법원 2014.08.08 2014노1420
강제추행
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 summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (two months of imprisonment, two years of suspended execution, and forty hours of sexual assault treatment programs) is too unreasonable;

2. In full view of all the facts pertaining to the sentencing as shown in the records and arguments of this case, the judgment of the court below is unreasonable because the defendant made confession of the crime and agreed with the victim when the defendant was in the trial. The defendant did not have the same criminal records, and the defendant did not have the same criminal records, and the defendant's age, occupation and other matters are considered to be unfair. Thus, the defendant'

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Where this judgment becomes final and conclusive, a defendant is 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 chief of the competent police station pursuant to Article 43 of the same Act.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration to be achieved thereby, and the effect of protecting the victims, etc.

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