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(영문) 부산지방법원 2018.01.26 2017노4053
강제추행등
Text

The judgment of the court below is reversed.

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

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won in punishment, and completion of sexual assault treatment programs 40 hours in 190) is deemed to be too uneasy and unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant's mistake recognized and agreed smoothly with the victim E, the defendant made efforts to receive medical counseling due to the problem of drinking control disorder, and the defendant's wife and his wife want to leave his wife.

However, in light of the fact that the defendant committed the crime of coercion of this case and interference with the execution of official duties within 8 days from the date on which the judgment of probation became final and conclusive due to the crime of interference with the execution of official duties, it is doubtful whether the meaning of probation is significantly accepted, and the degree of assault and injury to police officers is not somewhat weak.

Considering the above circumstances, considering various circumstances such as the Defendant’s age, sex, environment, etc., the lower court’s sentence is unreasonable compared to the mistake committed by the Defendant.

Therefore, the prosecutor's improper argument of sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines, respectively;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. The case where the conviction of the accused who registered the personal information of Article 334(1) of the Criminal Procedure Act becomes final and conclusive.

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