(영문) 서울북부지방법원 2015.10.15 2015노867

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(영문) 서울북부지방법원 2015.10.15 2015노867

공연음란

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one 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 (a fine of two million won and a program for sexual assault treatment for forty hours) imposed by the court below on the defendant is too unreasonable.

2. Although the crime of this case committed by the Defendant is detrimental to the sound sexual morals, it shall be deemed that the responsibility of the crime is heavy, but the defendant is against his depth while recognizing the error, and his father and his mother are to support his birth, it seems that the living conditions are very difficult. There is no history of punishment or more severe punishment than a fine for the same kind of crime as the crime of this case, and the defendant appears to have committed the crime of this case by drinking, and in view of the circumstances before and after the commission of the crime of this case, the punishment of the defendant is somewhat unreasonable, considering the circumstances that the defendant committed the crime of this case before and after the commission of the crime of this case, the age, character and behavior, environment, occupation, etc., and other circumstances that are the conditions of sentencing as shown in the records.

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 the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning the crime, the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

유사 판례

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