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(영문) 부산지방법원 2015.02.13 2014노3786
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (two months of imprisonment and forty hours of sexual assault treatment programs) of the court below is too unreasonable;

2. In full view of all the facts pertaining to the Defendant’s initial crime, Defendant’s initial crime, Defendant’s age, occupation, and other matters pertaining to the sentencing specified in the record and pleadings, the lower judgment’s punishment is deemed unreasonable and unreasonable, and the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where a judgment becomes final and conclusive, the Defendant is a person subject to registration of personal information pursuant to Article 32(1) of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012; hereinafter the same) and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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

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