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(영문) 울산지방법원 2020.05.21 2020노288
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The information on the accused shall be disclosed for three years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence is too unreasonable because the Defendant’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.

The defendant shows an attitude against each of the crimes of this case while recognizing all of the crimes of this case, and the fact that there is no past record of criminal punishment in Korea is favorable to the defendant.

However, each of the crimes of this case is not likely to be a contingent crime in that the defendant committed a crime at night against the young women who were sexually ill during two times or more between the defendant and the day, and it is difficult to view the defendant as a contingent crime in light of the fact that the victims complaining of mental suffering, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment of the court below is deemed unfair.

3. Although the defendant's assertion of unfair sentencing is without merit, the prosecutor's argument of unfair sentencing is with merit, the judgment of the court below is reversed and the following decision

(A) If the original judgment is reversed, the appeal by the defendant shall not be dismissed separately). (A) The facts constituting an offense and the summary of evidence are as stated in each corresponding column of the original judgment.

Application of Statutes

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to restrict employment;

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