(영문) 인천지방법원 2015.07.24 2015노2044 | 리걸엔진

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(영문) 인천지방법원 2015.07.24 2015노2044

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 months of imprisonment and 40 hours of sexual assault treatment program) is too unreasonable;

2. The crime of this case on the basis of the following facts: (a) the Defendant committed the crime of this case by force by force; (b) the Defendant committed the crime of this case by force; (c) the commission of the crime of this case is bad in light of the circumstances and content of the crime; (d) the Defendant committed the crime of the crime of this case under the investigation by an investigative agency; (c) the transfer of the means of electronic financial transactions is abused for another crime; and (d) the transfer of the means of access is highly likely to cause an unspecified number of unspecified victims to masse; (c) the cash card that the Defendant transferred was actually used for the crime; and (d) the Defendant again committed the crime of this case

However, in full view of the following factors: (a) the Defendant led to the Defendant to commit the instant crime; (b) the Defendant’s only agreed with the victim when it was in the first instance; (c) there was no record of criminal punishment for sexual crimes and the same kind of crime in violation of the Electronic Financial Transactions Act; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (c) circumstances before and after the commission of the

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act, Article 257(1) of the Criminal Act, and Articles 49(4)1 and 6(3) of the Electronic Financial Transactions Act concerning criminal facts.

참조조문

-전자금융거래법

-전자금융거래법 제6조 제3항

-전자금융거래법 제49조 제4항 제1호

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