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(영문) 창원지방법원 2015.02.12 2014노1761
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (a prison term of one year and six months, a completion of sexual assault treatment programs 40 hours, and an additional collection) is too unreasonable.

2. The crime of this case is a case where the defendant administered approximately 0.03 g of the Mepta, destroyed one telephone period owned by the victim F, a drinking house, and assaulted the victim H, an employee, who is an employee, at the drinking house. The defendant was subject to 112 report and disclosed his sexual organ to the police officer who was dispatched to the police, and openly made obscene acts by exposing his sexual organ before the majority. The defendant committed the crime of this case even though he was under suspension of execution for a period of one and half years of suspension of execution due to the violation of the Punishment of Violences, etc. Act, and was under suspension of execution for a period of one year and six months of suspension of execution. The defendant was punished several times for the same crime, and the defendant has the history of punishment for the same crime, such as murder, the Punishment of Violences, etc. Act, and the obstruction of the performance of official duties, and the victim's damage has not been submitted with particular materials concerning the recovery of damage.

However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake; and (b) the Defendant did not take advantage of the fact that the materials actively cooperated with the investigation agency for the purpose of arresting narcotics criminals, etc., were submitted to the court for the purpose of arresting narcotics criminals, etc.; (c) the sentence of one year and six months is executed after the suspension of execution becomes invalidated after the judgment of this case becomes final and conclusive; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) the circumstances after the crime was committed, the lower court’s sentence is somewhat inappropriate.

3. The judgment of the court below is reasonable in light of the reasoning of the appeal by the defendant.

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