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(영문) 창원지방법원 2015.02.05 2014노2827
강제추행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 4,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the court below's punishment (6 million won of fine and 16 hours of completion of sexual assault treatment programs) is too unreasonable.

2. Each of the instant crimes is an unfavorable circumstance to the Defendant, where the Defendant committed an indecent act by force against the victim and openly insulting the victim.

However, considering the fact that the degree of indecent act by compulsion is not very serious, the victim of the crime of indecent act by compulsion does not want the punishment of the defendant, the fact that there is no criminal history exceeding the same crime and fine, and the fact that there is a family member to support the defendant, etc., the circumstances favorable to the defendant are considered. Considering the equity in similar cases and other circumstances, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the court below's punishment is somewhat inappropriate.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.

[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.

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

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the selection of punishment, Article 31 of the Criminal Act and the selection of fines;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

5. Where a conviction on a sex crime subject to registration becomes final and conclusive, the defendant shall be subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, on special cases concerning the punishment, etc. of sexual crimes.

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