(영문) 서울남부지방법원 2019.05.02 2019노195

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(영문) 서울남부지방법원 2019.05.02 2019노195

성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental and physical disability. 2) The sentence sentenced by the lower court of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. The prosecutor (unfair punishment) sentenced by the lower court (six months of imprisonment) is too unhued and unfair.

2. In light of the Defendant’s speech and behavior or the circumstances before and after the instant crime, which is acknowledged by the record of judgment on the Defendant’s claim of mental disability, it does not seem that the Defendant had the weak ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental disability is rejected.

3. The Defendant, on the grounds of the assertion of unfair sentencing by both parties, committed the instant crime again despite the fact that he/she committed a sexual crime, even though he/she had been sentenced to a fine and a suspended sentence, and the Defendant seems to have suffered considerable pain due to the extremely poor criminal law, and thus, there is a need to punish the Defendant.

However, the defendant reflects his criminal act and suffers alcohol dependence by the defendant, and drinking alcohol seems to have affected certain parts of the crime of this case.

The victim does not want the punishment of the defendant, because the victim and the victim have reached a smooth agreement in the trial.

Considering these circumstances, the sentence of the court below is somewhat inappropriate.

4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(Public prosecutor’s appeal is without merit, but the judgment of the court below shall be reversed, and thus the public prosecutor’s appeal shall not be dismissed separately from the disposition).

참조조문

-형사소송법 제364조 제6항

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