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(영문) 제주지방법원 2020.08.13 2020노284
상습강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court’s punishment (one year of imprisonment, 40 hours of order to complete a program, and 5 years of employment restriction order) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. The instant case is a case in which the Defendant habitually committed an indecent act against the victims for a period of one year, and the liability for the crime is not easy in light of the part of the indecent act, frequency, period, etc., and the victims seem to have suffered considerable mental pain and sexual humiliation due to the instant case.

However, in full view of all the sentencing conditions of the case, including the defendant's age, character and conduct, motive and attitude of the crime, and circumstances after the crime of this case, it is deemed that the sentence imposed by the court below is too unreasonable, because it is too unreasonable, considering the fact that the defendant has no criminal record of the same kind or fine more than the same criminal record or fine prior to each of the crimes of this case, the victims do not want the punishment against the defendant in the trial.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime recognized by the court and summary of evidence, and the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Articles 305-2 and 298 of the Criminal Act and the choice of punishment for the crime;

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;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be a sexual crime prior to

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