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(영문) 서울중앙지방법원 2014.01.17 2013노3867
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of 800,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable. 2. The defendant is found to have been in a somewhat weak state of ability to discern things or make decisions at the time of each of the crimes in this case, according to the statement of the certificate of intellectual disability Grade III, etc. submitted by the court of appeal at the discretion of this court. The judgment of the court of first instance that determined the sentence against the defendant without properly reflecting this in spite of the fact that each of the crimes in this case constitutes grounds

3. According to the conclusion, the judgment of the first instance court is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the decision is again made after pleading as follows.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 10(2) and (1), and Article 55(1)6 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, which are legally mitigated on January 1, 12, 199; Article 70 and Article 69(2)1 of the Criminal Act on the Punishment, etc. of Sexual Crimes under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 334(1) of the Criminal Procedure Act on January 1, 196; Article 334(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes where a conviction of the accused against the crime subject to registration of personal information becomes final and conclusive, the accused is a person subject to registration of personal information under Article 43 of the Act on Special Cases concerning the Punishment,

The defendant's age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of crime, disclosure order or notification order shall be disadvantageous to the defendant.

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