(영문) 대전지방법원 2014.05.21 2014노735 | 리걸엔진

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(영문) 대전지방법원 2014.05.21 2014노735

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and 80 hours of attendance at sexual assault treatment programs) is too unreasonable.

2. As to the instant case, the Defendant committed the instant crime without being aware of the fact that: (a) on November 1, 2013, 2013, the Defendant committed the instant crime for two months after being sentenced to a stay of execution of three years at the Daejeon District Court, even though he was sentenced to a stay of execution for three years; (b) on the basis of the fact that the Defendant, at the headline operated by the victim, expressed the victim’s desire to take the victim’s parents without any justifiable reason; and (c) the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

However, in full view of all the sentencing conditions, including the fact that the defendant reflects his mistake in depth, the fact that the victim received an application from the victim and did not want the punishment of the defendant, the fact that the defendant did not have a criminal record of the same kind or suspension of execution or more except the above crime for which a suspended execution is imposed, the defendant's physical power and the degree of indecent act is relatively heavy. At the time of the crime of this case, the defendant seems to have committed a crime in a state of under the influence of alcohol, the defendant's failure to repeat the crime, his behavior, environment and circumstances after the crime, etc., it is recognized that the sentence imposed by the court below is somewhat unreasonable, and therefore the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as stated in the corresponding column of the judgment below.

참조조문

-형사소송법 제364조 제6항

유사 판례

-수원지방법원 성남지원 2015.09.09 2015고정773

-광주지방법원 2014.04.24 2013고합531

-울산지방법원 2014.03.12 2014노54

-인천지방법원 부천지원 2014.02.14 2013고합236

-대법원 1987. 1. 20. 선고 86도2360 판결