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(영문) 부산지방법원 2014.12.24 2014노3660
강제추행등
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 unreasonable because the punishment of the lower court (the fine of five million won and the completion of the sexual assault treatment program 24 hours) is too unreasonable.

2. In full view of all the facts pertaining to the Defendant’s confessions in the first instance trial, the degree of indecent act and assault in this case is not serious, and the Defendant’s age, occupation, and other matters pertaining to the sentencing indicated in the records and arguments in this case, the Defendant’s assertion is with merit, since the punishment of the lower judgment is deemed unfair.

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 evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where this judgment becomes final and conclusive, a defendant is subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent police station pursuant to Article 43 of the Act on

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, the preventive effect of the sexual crime subject to registration which can be achieved thereby, and the victim.

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