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(영문) 의정부지방법원 2020.10.22 2019노1793
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

In full view of the circumstances favorable to the defendant, including the fact that the defendant's liability for the crime of this case is heavy in light of the circumstances favorable to the defendant, and the circumstances and the method of the crime of this case, the determination of the punishment imposed by the court below is too unreasonable, in full view of the sentencing conditions under Article 51 of the Criminal Act, including the circumstances unfavorable to the defendant, such as the fact that the defendant's punishment is heavy.

Therefore, the prosecutor's argument of sentencing and warning is reasonable, and the defendant's argument of sentencing is without merit.

In conclusion, the court below's appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again as follows after pleading.

(On the other hand, the appeal by the defendant shall be dismissed on the ground that it is well-grounded, but the decision of the court below shall not be separately pronounced in the text unless it is reversed). [The reason for multiple judgments] Criminal facts and summary of evidence recognized by the court is the same as that of the corresponding column of the judgment of the court below. Thus, it shall be cited as it is in accordance

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, and Article 62 (1) of the Criminal Act to suspend the execution of imprisonment under Article 298 of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. An employment restriction order;

(a) Restriction on employment of children and juveniles-related institutions, etc.: Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

B. Employment restrictions on welfare facilities for disabled persons: A variety of examinations are conducted prior to the reasons for sentencing under Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act

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