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(영문) 부산지방법원 2014.04.25 2014노832
강제추행
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 summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, three years of suspended execution, three years of probation, 40 hours of course necessary for the prevention of recidivism of sexual crimes, and 200 hours of community service work) of the original judgment is too unreasonable;

2. In full view of the judgment below, the defendant's depth is against the defendant, the degree of indecent act is not serious, and the victim is not punished, the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments in this case, the defendant's argument is justified since the punishment of the court below is recognized as unfair because it is inappropriate.

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

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Where this judgment becomes final and conclusive, the accused is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the same Act.

The Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration to be achieved thereby, and the effect of protecting the victims, etc.

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