(영문) 인천지방법원 2017.03.31 2016노4724 | 리걸엔진

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(영문) 인천지방법원 2017.03.31 2016노4724

강제추행

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (the imprisonment of eight months and forty hours and the order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the defendant was sentenced to three years of imprisonment or five years of suspended execution due to the same crime, and again commits the crime in this case during the suspended execution period. In light of the circumstances and contents of the crime in this case, it is disadvantageous to the defendant.

However, at the time of the crime of this case, the defendant was relatively old as a member of the young group of 22 years old who was placed on the side at the time of the crime of this case, although the contents of the crime of this case are bad, it did not reach the result of causing serious damage to the life of the victim. The victim did not want the punishment of the defendant by agreement with the defendant, the parent and the person of the defendant want to be punished, the defendant's parents and the person of the defendant want to leave the defendant's wife against the defendant, and leading the defendant. The defendant is detained for about seven months in the case of this case, and his mistake is divided in depth, and the defendant is being detained for about seven months, and the improvement of the life habits to not repeat the crime of this case is self-effort.

In full view of the above sentencing factors, including the above sentencing factors, various conditions of sentencing as shown in the records, such as character, conduct and environment of the defendant, the sentence of the defendant, who is a person subject to suspended execution, shall be imposed at the present, and the sentence of the above three-year suspended sentence shall be too harsh, and thus, the sentence of the court below is too unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for a new judgment】 Summary of facts constituting an offense and evidence is recognized by the court.

유사 판례

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-춘천지방법원 영월지원 2014.11.28 2014고단301

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