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(영문) 부산지방법원 2013.08.02 2013노1282
강제추행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. The judgment of the court below is too unreasonable, considering the fact that the defendant was found to have committed the crime of this case and agreed with the victim, that the defendant did not have the same criminal records, and all other matters concerning the sentencing specified in the records and arguments of this case, since the defendant's punishment of this case is too unreasonable, the defendant's assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

In addition to adding "the defendant's oral statement at the trial court" to the summary of the evidence of the court below, the summary of the facts charged and the summary of the evidence are as shown in the corresponding column of the court below's judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Selection of a fine in consideration of relevant legal provisions on criminal facts, Article 298 of the Criminal Act, and the grounds for reversal thereof;

1. Where a judgment becomes final and conclusive to submit personal information under Articles 70 and 69(2) of the Criminal Act on the Punishment, etc. of Sexual Crimes, the accused shall be a person subject to registration of personal information pursuant to Articles 42(1) and 2(1)3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the chief of the competent police station pursuant to

However, an order for disclosure and notification of registered information needs to be careful in that it may seriously affect the defendant, and in this case, it is determined that there are special circumstances that may not disclose personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, it does not issue an order for disclosure and notification of registered information.

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