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(영문) 부산지방법원 2019.05.31 2019노865
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one month of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The instant crime is deemed to have committed an indecent act by the victim, who was the first victim of the elevator, on board the elevator along with the victim, and the victim committed an indecent act by the victim's her butt her butt in the elevator in light of the circumstances, contents, etc. of the crime.

The victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime of this case.

However, the defendant is against the recognition of the crime of this case, and there is no record of criminal punishment exceeding the same criminal record or fine.

In the appellate trial, the defendant expressed his intention that the victim does not want the punishment by mutual consent with the victim.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive of crime, means and result of crime, the circumstances after crime, etc., the sentencing of the court below against the defendant is deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(A) Although the appeal by the prosecutor is without merit, the appeal by the prosecutor is accepted by the defendant and the decision of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the disposition). 【Reasons for the judgment of the court in multiple cases】 The summary of the facts constituting the crime and the evidence recognized by the court and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court below, thereby

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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