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(영문) 부산지방법원 2015.01.07 2014노3001
강제추행등
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment, one year of suspended execution, and 24 hours of an order to attend a course necessary for the prevention of recidivism) of the lower judgment is too unreasonable;

2. In full view of the following facts: (a) the Defendant’s depth reflects the Defendant; (b) there was no record of punishment heavier than the fine imposed on the Defendant; (c) the Defendant agreed with the victim of the crime of indecent act by compulsion; and (d) deposited one million won for the victim of the crime of indecent act by compulsion; and (c) the Defendant’s age, occupation, and all other matters concerning the sentencing specified in the record and pleading of the instant case, the Defendant’s punishment is deemed unfair

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where this judgment becomes final and conclusive, a defendant is subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

An order for disclosure;

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