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(영문) 서울중앙지방법원 2013.07.19 2013노1964
강제추행
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be 7,000,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following: (a) the Defendant’s judgment was against the Defendant’s mistake in the course of the trial; (b) the Defendant has no criminal record exceeding the same kind of criminal record or fine; and (c) the Defendant’s age, character and conduct, family circumstances, motive and circumstance of the crime; and (d) various conditions of sentencing as indicated in the argument of the instant case, including the circumstances before and after the crime, etc., the sentence of imprisonment for eight months sentenced by the first

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The summary of the facts constituting the crime and the evidence recognized by the court is as follows: 1. The summary of the evidence of the court of first instance is the same as the judgment of the court of first instance except where the defendant's statement in this court is added in the summary of the evidence of the court of first instance.

Application of Statutes

1. Article 70 and Article 69(2)1 of the Criminal Act on January 1, 208 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 334(1) of the Criminal Procedure Act on Special Cases concerning the Provisional Payment Order (amended by Act No. 11556, Dec. 18, 2012); Article 334(1) of the same Act on Special Cases concerning the Registration, Disclosure, and Notification of Personal Information where a conviction of the accused against the crime subject to registration becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency pursuant to Article

However, the defendant's age, occupation, risk of recidivism, type of crime, motive, process, seriousness of crime, disclosure order or notification order, and expected side effects of the defendant's disadvantage.

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