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(영문) 부산지방법원 2014.06.20 2014노1141
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (a fine of three million won, and a sexual assault treatment program of twenty-four hours) 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 without merit, since the defendant is considered unfair because it is against the depth of the defendant, it is against the defendant's agreement with the victim when it comes to the trial. The defendant's argument is with merit.

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 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 under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order (wholly amended by Act No. 11556, Dec. 18,

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 334(1) of the Criminal Procedure Act shall be subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) and is obligated to submit personal information to the chief of the competent police station in accordance with Article 43 of the Act on Special Cases Concerning

The age, occupation, risk of recidivism, type, motive, process 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, and the sexual crime subject to registration which can achieve such influence.

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