logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.26 2020노1334
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. Summary of the grounds for appeal: Imposition of a fine of 1.5 million won, completion of a sexual assault treatment program, 40 hours, and one year restricted on employment;

2. In light of the facts leading up to the judgment and the method of the crime of this case, etc., the amount of punishment imposed by the court below is too unreasonable in full view of the following factors: (a) the circumstances unfavorable to the defendant; (b) the defendant led to the confession of the crime of this case in the trial; (c) the fact that the defendant received the victim's test; (d) there is no criminal history exceeding the same kind of punishment or fine in the past; and (e) there is a family member to be supported; and (e) other factors leading to the sentencing under Article 51 of the Criminal Act.

Therefore, we accept the defendant's argument that the sentencing is excessive.

3. In conclusion, 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 with merit, and the following decision is rendered after pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment of the court below, except where the defendant's partial statement "1.1. defendant's oral statement" in the summary of evidence is "1.1. defendant's oral statement"

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program ( Taking into account the elderly persons, family relations, criminal records, etc. of the accused);

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 persons with disabilities: Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 334(1) of the Criminal Procedure Act to order provisional payment of the Act on Welfare of Persons with Disabilities.

arrow