(영문) 대구지방법원 2015.10.08 2014노4597 | 리걸엔진

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(영문) 대구지방법원 2015.10.08 2014노4597

강제추행

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (2 million won of fine and 40 hours of order to complete a sexual assault treatment program) of the lower court is deemed to be too unhued and unreasonable.

2. The Defendant, before committing the instant crime, is the first offender with no criminal record, and the degree of the instant indecent act is relatively heavy.

The crime of this case is recognized as clear social ties, such as the fact that the crime of this case was committed in the course of dispute with the behavior of the victim, and the family members are leading the defendant.

However, the crime of this case is an indecent act committed by the defendant while posing a desire to feel sexual humiliation, and its nature is poor, and the victim seems to have suffered mental impulse due to the crime of this case, but it did not reach an agreement with the victim for recovery of damage or the victim.

The defendant was detained by the court below, and the witness who made a statement favorable to the defendant at the court below by requesting that he deliver a witness, was sentenced to a summary order (Tgu District Court 2014 High Court 2014 High Court 18605) and the above summary order became final and conclusive.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleading, the sentence of the court below is unfair.

3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

1. Order to complete a program;

참조조문

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