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(영문) 의정부지방법원 2020.11.12 2020노1955
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

In light of the summary of the grounds for appeal (the first instance court: 8 months of imprisonment, 40 hours of completion of sexual assault treatment programs), and the circumstances leading up to and method of the instant crime, etc., the Defendant’s liability is heavy, etc., that are disadvantageous to the Defendant; however, the Defendant led to the confession of the instant crime; the Defendant received a written guide from the victim after the pronouncement of the lower judgment; and the fact that there was no past record of criminal punishment, etc., the amount of the sentence imposed by the lower court is too unreasonable, taking into account the circumstances favorable to the Defendant. In addition, comprehensively considering the sentencing conditions prescribed in Article 51 of the Criminal

Therefore, we accept the defendant's argument during the sentencing.

Thus, 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 reasonable.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the selected criminal law, Article 62 (1) of the Criminal Act of the suspended sentence of imprisonment;

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

1. An employment restriction order;

(a) Employment restrictions, such as institutions related to children and juveniles: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

(b) Employment restrictions on welfare facilities for disabled persons: Determination of the sentence as ordered by taking into account the various circumstances examined prior to the grounds for sentencing under the main sentence of Article 59-3(1) of the Welfare

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of

An order of disclosure;

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