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(영문) 서울동부지방법원 2014.07.24 2014노418
강제추행
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the instant crime committed by the Defendant, while drinking alcohol, is considered as having been committed in depth and as a consequence; and (b) the sentence imposed by the lower court (2 million won of fine and 16-hour order of sexual assault treatment program) is too unreasonable in light of the circumstances in which the Defendant compensated the victim for damages and agreed to compensate for damages.

2. The judgment below seems to be somewhat unreasonable in light of the following: (a) the defendant recognized the crime of this case; (b) the defendant was dead at the investigation stage; (c) the victim did not want the punishment of the defendant; (d) the amount of compensation paid to the victim; and (e) the defendant appears to have committed the crime of this case by contingency under the influence of alcohol; (c) the defendant has a matrimonial engagement living together; (d) the defendant is scheduled to enter into a marriage; (e) the defendant would have to enter into a marriage in place; and (e) the defendant would have to engage in a teaing operation and engage in a teaing operation; (e) the defendant has no criminal record other than a fine for one time due to drinking driving in the past; and (e) the defendant's age, character, character, economic and family environment;

The defendant's assertion of unfair sentencing is justified.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is reasonable, and the judgment

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court of original instance, and thus, they are invoked in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. A sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;

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