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(영문) 광주지방법원 2018.07.25 2018노505
준강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 900,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in punishment, and 40 hours in sexual assault treatment programs) is too unreasonable.

2. In full view of the circumstances unfavorable to the Defendant, such as the fact that the degree of indecent act committed by the Defendant as the instant crime cannot be deemed unfasible, or that the Defendant recognized the instant crime and reflects it, the primary offender was the victim, and that there was an agreement with the victim after the instant crime, as well as the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, and the environment, etc., the lower court’s punishment is somewhat unreasonable and unreasonable. Thus, the Defendant’s assertion is well-grounded.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 299 of the Criminal Act and Articles 298 and 298 of the Criminal Act and the choice of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. An order for disclosure, notification, and employment restriction order: Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, family environment, and social relation, history, details and motive of the crime, method and consequence of the crime, order for disclosure;

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