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(영문) 서울북부지방법원 2014.12.04 2014노1283
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of six months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the defendant committed the crime of this case by drawing the victim returning home before the entrance of the subway station in person, drawing his hand from the entrance of the subway station, raising his clothes into several clothes, and committing an indecent act against the victim's chests. In light of the part and degree of indecent act, the crime of this case is very bad. However, the defendant did not have any criminal records, and was detained for more than two months due to the crime of this case. The defendant was detained for more than two months. The defendant was found to have committed the crime of this case. After the judgment of the court below was rendered, the defendant expressed his intention that he did not want the punishment against the defendant, and the defendant expressed his intention that he would not want the punishment against the defendant after the judgment of the court below was made, taking into account the motive and circumstance leading up to the crime of this case, the circumstances before and after the crime of this case, the defendant's character and conduct, family relationship, and other various circumstances that form the conditions of sentencing as shown in the occupational records, the punishment

3. The judgment 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.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as shown in the corresponding column of the judgment of the court below, except for adding "1. The defendant's oral statement at the court below" to the summary of the evidence of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the defendant as seen in the preceding);

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

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;

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