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(영문) 서울동부지방법원 2016.05.19 2015노1680
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence (2 million won, complete course 24 hours) imposed by the court below on the defendant is too heavy or uneased.

2. Determination of the grounds for both appeals is the primary offender, and the agreement between the victim and the original court is favorable to the defendant.

However, it is difficult to view the instant crime as a contingent crime in that the Defendant parked the vehicle on the alleyway without any particular reason and frightened the victim while driving away after reporting the subject, and repeated indecent act of the victim for a considerable amount of time after suppressing the victim by putting the damaged person on the alley trees that frightened him/her by cutting off his/her hand or blocking his/her alley, etc., it is difficult to regard the instant crime as a contingent crime; the victim’s frightening the victim with his/her sexual organ toward his/her body by cutting him/her down his/her finger with the fright of the victim; the degree of indecent act, such as frighting the victim’s bright and frightt, and frightening him/her in the police road; the Defendant appears to have been aware that CCTV was denied at the lower court while committing the instant crime; and in full view of the following circumstances, the Defendant’s age, circumstances, motive and circumstances before and after the instant crime, as well as the motive and circumstances of the instant crime.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

The laws and regulations;

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