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(영문) 부산지방법원 2020.10.23 2020노1042
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

except that, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of one million won) by the lower court is too unreasonable.

2. The instant crime committed by the Defendant is an indecent act committed by the victim by means of using and rhing the victim’s buckbucks that the Defendant sit on the PC side by hand, and the liability for the crime is not somewhat minor.

However, the defendant recognized the crime of this case, and the defendant expressed his intention that the victim does not want to be punished by the original agreement with the victim in the appellate trial.

The type of force or indecent act exercised by the defendant is relatively minor.

The defendant is a primary offender, and the intellectual disability Grade III, which is merely 60 points of intelligence index, is a victim of intellectual disability.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 298 (Selection of Fines) of the Criminal Act and Article 62 (1) of the Act on Suspension of Execution of the Punishment of Crimes (As mentioned above, considering the conditions favorable to the defendant);

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the order to complete program shall not be imposed, since it appears that the defendant's intellectual ability is less likely to expect the necessity or effect

1. An order of disclosure; and

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