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(영문) 서울중앙지방법원 2012.12.14 2012노3762
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. misunderstanding of the gist of the grounds for appeal (the defendant is merely the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her but

A. Comprehensively taking account of the evidence duly admitted and examined by the first instance court, including the statement made by the Defendant in the court of first instance, the statement made by the victim at the investigative agency, etc., as to the assertion of mistake of facts, the Defendant can recognize the fact that the victim’s left side her her her her her her her her her her her her her her her her b

B. There is room to view that the defendant has committed the value of the provisional examination report as a result of the detention of the defendant on the assertion of unfair sentencing, considering the following: (a) there is no record of punishment against the defendant for a crime similar to this case; (b) the defendant's livelihood is difficult; and (c) the defendant's family should look at his family; and (d) the defendant's age, character and behavior, family character and behavior, the motive and circumstance of the crime, and the circumstances before and after the crime, the fine sentenced by the first instance court is somewhat unreasonable.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

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 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes (Selection of Fines). 1. Articles 70 and 69(2)1 of the Criminal Act with respect to the custody of a workhouse, Article 334(1) of the Criminal Procedure Act.

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