logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.01.18 2016노2466
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s depth reflects on the Defendant, and the instant crime was committed by the Defendant in a unanimous state, that the Defendant was the first offender, that the Defendant agreed with the victim after the issuance of the lower judgment, and that the registration of personal information is too harsh, the sentence (five million won in penalty) sentenced by the lower court is too unreasonable.

B. In light of the fact that a public prosecutor’s sex crime is highly dangerous in its nature to repeat the crime of this case, the crime is extremely poor in light of the background, place of occurrence, and the status of the crime of this case’s occurrence, and the circumstances that the defendant did not make any effort to recover damage for about three months after the occurrence of the case, etc., a sentence shall be imposed on the defendant. Therefore, the sentence imposed by the court below is too uneasible and unreasonable.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The crime of this case is not a good crime because the defendant committed an indecent act against the victim who worked as a part-time in the restaurant where he works.

On the other hand, however, the defendant has a deep depth and has no record of punishment against the defendant.

In the past, the defendant agreed with the victim in the first instance, and expressed his intention that the victim does not punish the defendant.

In addition, in full view of all the sentencing conditions in the records and arguments of this case including the age, sex, environment, motive, means and consequence of the crime, including favorable or unfavorable circumstances to the defendant, the sentence of the court below against the defendant is judged to be unfair due to the absence of the sentence of the defendant.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading (the prosecutor's appeal is without merit, but the judgment of the court below is reversed by accepting the defendant's appeal. Thus

arrow