logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.09.18 2014노729
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the public prosecutor (including a fine of three million won, and completion of a sexual assault treatment program 20 hours) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment of the defendant recognized the error of the crime of this case and is in depth against it.

그러나 피고인은 2013. 2.경 대한민국에 최초로 입국한 후 3달 만에 이 사건 범행을 저질렀고, 이 사건 전날 20:00경에도 피해자 주변을 맴돌다 피해자에게 말을 걸었으며, 다음 날 01:00경 피해자를 뒤에서 끌어안고 티셔츠 속으로 손을 집어넣어 가슴과 음부를 만지는 방법으로 추행하여 죄질이 무겁다.

Until the trial of the case, the defendant was unable to reach an agreement with the victim or to recover damage.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions as shown in the arguments, the sentence sentenced by the court below is too uneasy and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited 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. Article 62 (1) of the Criminal Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sexual crime subject to registration, which is subject to the obligation to register and submit personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment

arrow