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(영문) 광주고등법원 2013.09.12 2013노295
강제추행치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The court below found the defendant not guilty of the facts charged in the instant case that "the defendant forced the victim to commit an indecent act, thereby causing injury to the right hand hand, the left shoulder, salt , etc. which requires treatment for about two weeks," and found the defendant guilty of the remaining facts charged in relation to the crime, and ordered the defendant to complete a three-year imprisonment and to complete a 80-hour program of sexual assault treatment.

Therefore, since only the defendant appealed against the guilty portion, the part of the judgment of the court below which found the guilty portion of the reasons was also remanded to the court of first instance along with the above guilty part which is related to the crime, but is exempted from the object of public defense between the parties, or is not subject to the trial of the party, so the judgment of the court below on the acquittal portion of the reasons shall be

2. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable.

3. Although the nature of the crime of this case is not good, the defendant's confession of the crime of this case and the mistake is against the judgment of the court of first instance, the defendant committed the crime of this case in a state of mental disability by drinking under the influence of alcohol, the defendant is the first offender, and the defendant has agreed with the victim in the trial, the defendant's age, character and conduct and environment, motive, means and consequence of the crime of this case, and the circumstances after the crime are too heavy. Thus, the above argument of the court below is justified.

4. 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 evidence admitted by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;

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