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(영문) 전주지방법원 2013.11.29 2013노1018
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The court below's failure to order the defendant to complete a sexual assault treatment program while sentencing a fine of 2,00,000 won to the defendant without an explanation of the summary of the grounds for appeal, is erroneous or unreasonable because there is an error of law as to the lack of reason, or because of excessive punishment

2. According to Article 16(2) and (3) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a court imposes a fine on a person who committed a sexual crime, it shall concurrently order the person to complete a sexual assault treatment program within 500 hours, barring any special circumstance where it is impossible to impose an order to complete a sexual assault treatment program.

In full view of various sentencing conditions under Article 51 of the Criminal Act, including the defendant's age, character and environment, circumstances leading the defendant to the crime in this case, means and results, and the degree of indecent act is relatively minor, but the crime in this case is recognized as being committed by the defendant in favor of him, but the defendant did not take any measures to recover damage up to the judgment of the court, and there is no special circumstance that the defendant would not be ordered to complete the sexual assault treatment program. In full view of various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, circumstances leading to the crime in this case, means and consequence, etc., the defendant cannot be ordered to complete the sexual assault treatment program without any statement of special circumstances, and the judgment of the court below which did not impose the order to complete the sexual assault treatment program on the defendant for a fine of 2,00,000 won or more, and the prosecutor's failure to impose the order to complete the program is justified.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again after pleading.

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