logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.04.14 2016노1235
강제추행미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defense counsel reflects the defendant's wrongness, that the victims expressed their intention that they would not want the punishment of the defendant, that the defendant committed the crime of this case by contingency under the influence of alcohol, that the defendant's family members are in custody, that the defendant's family members are faced with difficulties in maintaining their livelihood, that the defendant's appeal against the defendant, and that there is no history of punishment for the same kind of crime, the court below's sentence ordering the defendant to complete the program of sexual assault treatment for 10 months and 40 hours is too unreasonable.

B. In light of the fact that the nature of the instant crime committed by the prosecutor was very poor and that the victims sought a serious punishment against the Defendant at the lower court, the lower court’s punishment is too uneasible and unreasonable.

2. The judgment of the court below is that the crime of this case was committed at night by the defendant's intrusion upon the victim's residence and attempted to commit an indecent act by force and damaged property, and it seems not good that the victim was suffering from mental impulse and fear of fear due to the crime of this case. On the other hand, the defendant's mistake is divided in depth, the defendant has expressed his intention that the victim would not want the victim's punishment, and the victim would not want the victim's punishment. The defendant committed the crime of this case by force, the crime of indecent act was committed by force, and the defendant's family and people appealed against the defendant. The defendant has no record of punishment for the same crime, and the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's assertion that the defendant's punishment is unfair and reasonable.

3.

arrow