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(영문) 서울중앙지방법원 2017.07.20 2017노1513
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below is too heavy.

2. The nature of the crime is bad in light of the motive for the crime, the degree and degree of conduct, the method of indecent act, etc.

However, the defendant is recognized as committing a crime in the first instance, and is against the victim, and the victim was agreed with the victim, and the victim was the front of the defendant.

A defendant has no criminal records exceeding the same criminal records and fines.

In addition, in full view of all the sentencing conditions shown in the records of this case, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 362(6) of the Criminal Procedure Act, and the following is ruled after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence is as stated in each corresponding column of the lower judgment, except where “the Defendant’s oral statement” is added to the column of evidence of the original judgment.

Application of Statutes

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of the sentence as ordered on the ground of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be based on the same reason as indicated above;

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which can be achieved due to such order, and the protection effect of the victim.

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