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(영문) 서울중앙지방법원 2013.04.12 2013노598
피보호자간음
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 8,000,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The defendant's judgment at this court is hard to say that the defendant has no record of punishment for a similar crime; the defendant has no record of punishment for a similar crime; it seems that there is little risk of repeating a crime by clearly social relation, and that the defendant's age, character and behavior, environment, etc. are obviously unlikely to cause any danger of repeating a crime; considering the defendant's age, personality and behavior, environment, etc., as a whole, the defendant's various sentencing conditions as shown in the argument in this case, including the argument in this case, are considered to have been faithfully and repeatedly committed without any specific fault for a long time.

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 303(1)1 of the Criminal Act: (a) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, where a conviction becomes final and conclusive against a defendant with respect to the disclosure and notification of personal information, the defendant falls under a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and falls under a person subject to registration of personal information pursuant to Article 33 of the same Act.

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