logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.07.18 2014노1681
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (two months of imprisonment and forty hours of sexual assault treatment programs) of the court below is too unreasonable;

2. In full view of all the facts pertaining to the confession of each of the crimes of this case and agreement with the victim of the crime of indecent act by compulsion, the defendant's age, occupation, and other facts pertaining to the sentencing as shown in the records and arguments, the judgment of the court below is unreasonable since the defendant's argument is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 156 of the Criminal Act, and the choice of imprisonment with labor;

1. Statutory mitigation of provisions of Articles 157, 153 and 55 (1) 3 of the Criminal Act (Confession in respect of a crime of false accusation);

1. Articles 37, 38 (1) 2 and 50 of the Criminal Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Where this judgment becomes final and conclusive, the accused is subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process, results and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and the corresponding side effects can be achieved.

arrow