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(영문) 부산지방법원 2014.12.24 2014노3673
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (including a fine of four million won, and completion of a sexual assault treatment program 16 hours) of the lower judgment is too unreasonable.

2. In full view of all the facts pertaining to the defendant's deep reflects on the judgment, the defendant has no same criminal records, the defendant has agreed with the victim of the crime of indecent act by compulsion, the defendant's age, occupation, and other matters pertaining to the sentencing specified in the records and arguments of this case, the defendant's assertion is reasonable since the punishment of the judgment below is deemed unfair.

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

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act and the choice of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where this judgment becomes final and conclusive, a defendant is subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent police station pursuant to Article 43 of the Act on

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the registration that can be achieved accordingly.

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