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(영문) 수원지방법원 2014.05.15 2014노1070
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

A sexual assault treatment program for 40 hours is provided to the defendant.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below on the defendant's summary of the grounds for appeal is too unreasonable (two months of imprisonment and forty hours of order to complete sexual assault treatment programs).

2. In light of the fact that the Defendant committed an indecent act on the part of a farmer, who was under the influence of the Defendant’s operation on the part of the farmer, committed an indecent act on several occasions, and in particular, the nature of the offense is not good, such as the degree of indecent act becomes more severe, the victim was unable to complete the practical training course inevitably required by the university accompanying the Defendant due to the instant crime, and the victim was seriously disadvantaged due to the shock of the commission of the instant crime, and the victim did not agree with the victim, it is inevitable to sentence the Defendant as a sentence.

However, if the defendant did not have the same criminal record as the crime of this case, and the defendant made a confession of the crime of this case, there is a history that the defendant had been given a mental treatment by showing the symptoms of alcohol addiction due to the death of her child, although it did not reach an agreement with the victim, he deposited KRW 10 million in the investigation process, but he was trying to recover damage, such as deposit of KRW 10 million in the investigation process. In addition, considering the defendant's age, character and behavior, occupation and family environment, the background and result of the crime, the circumstances after the crime, etc., it is recognized that the punishment of the court below is too unreasonable.

3. The judgment of the court 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.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence as stated in each corresponding column of the judgment below. Thus, it is just as it is in accordance with Article 369 of the Criminal Procedure Act.

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