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(영문) 서울북부지방법원 2014.10.02 2014노980
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (the period of four months of imprisonment and forty hours of imprisonment to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the court below, although the defendant committed the same crime as the crime of this case on November 28, 2013, there was no record of the crime committed before the suspension of indictment on November 28, 2013, and the defendant committed each of the crimes of this case on December 24, 2013 without being aware of it, and did not receive a letter from the victim D until the trial was held although he committed an indecent act against the minor victim D, and even though he was serious in the degree of indecent act against the minor victim D, the crime is very bad. However, although the defendant was found to have committed the crime of this case, it is against the age of 76 years and was detained for more than two months, and there was no record of the crime that had not been punished before the suspension of each of the crimes of this case, and other circumstances revealed in the records, such as the motive and circumstance leading to each of the crimes of this case, the defendant's age before and after each of the crimes of this case, the defendant's age, character and behavior, occupation, and circumstances, etc.

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 summary of the evidence admitted by the court is as follows, except for adding "1. The defendant's oral statement" to the summary of the evidence, and therefore, it is identical to the corresponding column of the judgment of the court below.

Application of Statutes

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor, concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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