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(영문) 대구지방법원 2019.04.26 2019노793
강제추행
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, orders to complete sexual assault treatment programs 40 hours, and three years of employment restriction orders issued by child or juvenile-related institutions) that the court below made is too unreasonable;

(2) On August 4, 2016, it is recognized that the victim suffered from a serious cerebral disorder, the age of the defendant is 23 years, and the defendant was employed as an employee in the care facility for older persons operated by the defendant. The defendant is not sufficient to commit the crime of this case due to its cryptiveness, and the degree of indecent act by force on August 4, 2016 in this case is not less weak, and the defendant committed a indecent act again against the victim on November 2017, even though it was known that the crime was committed around August 4, 2016.

However, it is also recognized that the defendant recognized all of the crimes of this case for the first time in the trial, and reflects the fact that the defendant was detained in the court below's trial and had the time to know about about 2 months through confinement life, that the defendant paid 10 million won to the victim in the trial, that the defendant has no criminal power, that there is a family member to support, that there is a family member to support, that there is the defendant's will want the defendant's wife.

In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, etc., the sentence of the court below is somewhat inappropriate.

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 evidence admitted by this court is relevant to the judgment of the court below, except that the second 10 defendant's statement "1. Part of the defendant's court statement" in the summary of the evidence of the court below is "1. The defendant's court's trial statement".

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