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(영문) 서울북부지방법원 2014.12.23 2014노1485
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment imposed by the court below on the defendant (the imprisonment of 10 months and 40 hours to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) although the defendant was in his own house of female-friendly Gu and female-friendly Gu, together with the victim who was in a high school of female-gu and female-friendly Gu, drinking alcohol, and female-friendly Gu was included, the crime of indecent act by compulsion committed against the victim is very bad; (b) the defendant was found to have committed the crime of indecent act by compulsion committed against the victim; (c) the defendant was found to have committed the crime of this case; (d) there was no criminal record; (e) there was no force of punishment; (e) the defendant was living close to two months due to the crime of this case; (e) the victim and the victim expressed their intent not to be punished; and (e) other circumstances, such as the motive and background leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and behavior, occupation, family relation, etc., the punishment of the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The defendant's oral statement at the court below was added to "the summary of evidence" column of the court below's judgment, and thus, it is identical to each corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;

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