(영문) 수원지방법원 2014.9.4.선고 2014노10 판결

Defendant shall be punished by a fine of five million won. If the Defendant does not pay the above fine, the Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

Regarding the court below's punishment against the defendant (two months of imprisonment and forty hours of order to complete sexual assault treatment programs), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uncomfortable.

2. Determination

피고인이 자신이 운영하는 병원 내에서 간호조무사인 피해자의 가슴을 주무르고 혀로 가슴을 핥고 음부를 만지는 방법으로 추행한 범행의 경위, 수법 등에 비추어 이 사건 범행의 죄질이 좋지 않은 점 등을 감안하면 피고인을 엄벌에 처할 필요도 있다.

However, considering the following circumstances, the sentencing of the court below is too inappropriate in light of the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the court below is too unreasonable.

3. Conclusion

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows ( insofar as the judgment of the court below is accepted and reversed, the prosecutor'

【Reasons for the Decision to be Seconded】

The summary of the facts constituting an offense and evidence. The facts constituting an offense and the summary of the evidence recognized by this court are identical to each of the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

1. Order to complete programs;

Where a judgment on personal information of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, a defendant is a person 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 his/her personal information to the head

Disclosure Order or Notice Order

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime, degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victim, etc., the disclosure order or notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.