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(영문) 서울서부지방법원 2015.08.27 2015노579
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of fine) is too unreasonable.

2. In light of the details and details of the crime of this case’s crime and the method of its determination, the crime of this case’s crime is not good, and the crime’s liability is not less than that against the Defendant, such as the victim’s displeasure.

However, the Defendant’s primary offense with no criminal power is recognized as a whole, and the depth is divided, and the victim has reached an agreement with the victim, and the victim has not been punished for the Defendant. The Defendant voluntarily received counseling and education at the Sexual Violence Counseling Center after the occurrence of the instant case, thereby making efforts to avoid committing a crime again, and the Defendant’s family members and branch members are leading the Defendant while complaining of the Defendant’s wife.

In addition, in full view of the motive and background leading to the instant crime, the circumstances after the instant crime, the age, career, character and conduct, environment, and family relation records and arguments, the sentence of the lower court is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all 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. Relevant Articles of the Act on Criminal Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Punishment.

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act for the inducement of a workhouse: 100,000 won per day; and

1.The registration and submission of personal information of Article 59, Section 1 of the Criminal Code (As above, taking into account the favorable circumstances) of the suspended sentence.

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