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(영문) 서울고등법원 2013.04.04 2012노3360
강제추행상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 2 years and 6 months, completion of sexual assault treatment programs 40 hours, and notice of disclosure of information for 5 years) is too unreasonable.

2. In view of the fact that the instant crime committed by the Defendant committed an indecent act by assaulting the victim who was resisted during the commission of indecent act by force according to the victim’s way and attempted to commit the act of indecent act by force, the nature of the crime is not less than that of the victim, and the victim seems to have suffered considerable mental shock, it is necessary to punish the Defendant with strict punishment corresponding to the liability for the crime.

However, on the other hand, the defendant recognized the crime of this case and misunderstanding in depth, the part of indecent act by force among the crime of this case is about attempted attempts, the degree of injury suffered by the victim is not very serious, the defendant deposited 3 million won in the original court for the victim, and the defendant deposited 2 million won in the original court for the victim, and the defendant deposited 2 million won in the first instance before the crime of this case, the defendant was the first offender who had no record of criminal punishment before the crime of this case, the family members of the defendant want to guide the defendant, and the family members want to take care of the defendant, and it seems obvious, and the defendant's personality and behavior, environment, motive and circumstance of the crime of this case, the means and result of the crime of this case, the circumstances after the crime of this case, and other various sentencing conditions indicated in the records after the crime of this case are considered to be unfair, and therefore the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant'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 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

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