logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.11.09 2016노3341
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable (six months of imprisonment).

2. The crime of this case in light of its content and its circumstances is not to be less than that of this case.

However, there are other circumstances that may be considered considering the circumstances such as the Defendant’s acknowledgement of the instant crime when the Defendant was in the trial, the first offender, the fact that the Defendant was the first offender, and the fact that the victim agreed smoothly with the victim at the time of the trial. In full view of all the sentencing circumstances in the record, including the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health conditions, criminal records, and the circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts recognized by this court as criminal history and summary of the evidence and the summary of the evidence are as stated in the judgment of the court below, except for adding “1.1. Defendant’s trial statement” to the summary of the evidence of the court below, and all of them are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. As examined in the judgment on the grounds for appeal prior to the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances as examined in the judgment on the grounds for appeal and the various sentencing conditions

If a conviction on a crime of quasi-indecent act committed against a sex offense subject to registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall submit personal information to the head of a competent

arrow