(영문) 울산지방법원 2015.06.26 2015노324 | 리걸엔진

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(영문) 울산지방법원 2015.06.26 2015노324

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above sentence shall be imposed for two years from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and eight hours of order to attend a course) is too unhued and unreasonable.

2. It is recognized that the Defendant recognized all of the instant crimes and reflected against the Defendant, and that there was no record of criminal punishment prior to the instant crimes, and that the victim does not want the punishment of the Defendant by the agreement between the Defendant and the victim.

However, the crime of this case was first committed by indecent act against the victim at apartment complex, and the crime of indecent act by indecent act by indecent act is not only necessary to be strict due to the crime which seriously damages a woman's sexual self-determination, but also appears to have caused shock, fear, and apprehension that the victim suffered due to the crime of this case. The contents of the crime of this case are serious in the nature of the crime since the crime of this case was committed by a woman's body and body, which is considerably poor in the nature of the crime. The defendant's act did not reach the similarity act, but it was a considerable level of the starting act of the crime. In light of the circumstances after the crime of this case after the crime of this case, it is difficult to see that the crime of this case was committed by contingency and impulse, and considering all the circumstances after the crime of this case, such as the defendant's age, character and behavior, environment, family relationship, motive, circumstance, etc. after the crime of this case, the defendant's punishment and sentencing conditions after the crime of this case are considered to be unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Summary of criminal facts and evidence shall be the Court.

참조조문

-형사소송법 제364조 제6항

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