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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 울산지방법원 2017.06.09 2017노380
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant committed the instant crime, and the Defendant reflects misunderstanding in depth while committing the crime; and (b) the Defendant appears to have affected the instant crime, such as the Defendant’s sexual intercourse.

On the other hand, the crime of this case is committed by an indecent act committed by an unspecified victim by intentionally approaching the victim's sexual organ at an urban bus where the defendant was concentrated with the public, and it is not good that the crime of this case is committed by harming the victim's sexual organ, etc., and the victim was punished by a fine for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Open Place) around July 2013, and the defendant committed the crime of this case within a short time after the expiration of the period of suspension of execution, even though he had the record of punishment for the same crime on the same crime around September 2014. In full view of all the sentencing conditions of this case, such as the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, and whether there was a change in circumstances after the sentence of the court below, the court below's punishment seems to be unreasonable and unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the lower court (see, e.g., Supreme Court Decision 200Da36464(4) of the Criminal Procedure Act on the ground that “the police’s statement on January 2, 200” among “the summary of evidence” in the lower judgment is a clerical error in the police’s statement

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