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(영문) 인천지방법원 2015.04.17 2015노551
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (including 4,500,000 won in fine, and 200 hours in completion of sexual assault treatment programs) is too heavy or (the Defendant) and it is unreasonable to inspect it.

2. The facts that the Defendant confessions all of the instant crimes and reflects them are favorable. However, the instant crime is deemed unfair because the Defendant’s punishment imposed by the lower court is somewhat uneased in light of the victim’s knee knee knee knee kne kne kne kne kne kne kne kne kne kbs, etc. under the Defendant kne kne kne kne kne kbbs, etc. with his hand and left hand, and there is a record of criminal punishment once for the same offense, even if there is a history of criminal punishment for the same offense, and the victim appears to have suffered considerable mental suffering due to the instant crime, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and behavior environment, circumstances before and after the instant crime, etc.

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act: Consideration of conditions favorable to the defendant as seen earlier;

1. Social service order under Article 62-2 of the Criminal Act;

1. Personal information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a course;

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