(영문) 전주지방법원 2017.08.10 2017노795 | 리걸엔진

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(영문) 전주지방법원 2017.08.10 2017노795

아동복지법위반(아동에대한성희롱등)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The crime of this case is acknowledged that the Defendant committed sexual abuse by exposing sexual organ before victimized children, and was openly exposed to sexual organ in front of the victim I’s house and did not undermining the nature of the crime. It appears that the victims might have caused considerable mental shock, and that the victims might have been punished for the same kind of crime and committed the crime of this case during the repeated crime period.

However, in full view of the following: (a) the Defendant recognized the crime of obscenity; (b) the Defendant agreed with the victim of the crime of obscenity that the victimized person does not want the punishment of the Defendant; (c) the Defendant suffers from mental illness such as shock disorder, etc.; and (d) the Defendant’s age, sex behavior, environment; (c) the process and motive leading to the instant crime; and (d) the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the relevant column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 71(1)2 and 17 Subparag. 2 (the point of sexual abuse against a child) of the relevant Act concerning the facts constituting an offense, and Article 245 of the Criminal Act (the point of public performance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (compacting crimes of sexual harassment, etc. against children)

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.

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