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(영문) 인천지방법원 2020.09.18 2020노1699
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Sexual assault, 80 hours against the defendant.

Reasons

Summary of Grounds for Appeal

A. The sentence imposed by the lower court (one year and eight months of imprisonment, 120 hours of order to complete a program, and 3 years of employment restriction order) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the defendant has committed a crime against a specific victims frequently during the attendance time bus during several months. In light of the frequency of the crime, the method and manner of the crime, the circumstances before and after the crime, etc., the defendant's liability is grave, the victims' mental impulse seems to considerably high, and the victim of the crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) is claiming for mental damage suffered by the case, and the trial division want to be punished against the defendant, etc. disadvantageous to the defendant.

However, in light of the number of crimes and the Act on the Punishment, etc. of Sexual Crimes, the above victim does not want to be punished against the defendant, and the fact that the defendant is an initial offender who has no record of criminal punishment is favorable to the defendant, under an agreement with G, which is a relatively heavy indecent act and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at a public place).

In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.

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 following decision is

Although the appeal by the public prosecutor is groundless, the decision of the court below shall not be dismissed separately from the disposition.

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