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(영문) 인천지방법원 2015.10.16 2015노2429
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Sexual assault, 80 hours against the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of sexual assault treatment lectures) is too uneased and unreasonable;

2. In light of the circumstances and contents of the instant crime, etc., the victim seems to have suffered a considerable mental pain due to the instant crime, the victim was able to obtain a severe punishment, the defendant was sentenced to a suspended sentence of one year in the Seoul Southern District Court on September 30, 201 by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Seoul Southern District Court on September 30, 201, and the defendant was sentenced to a suspended sentence of one year in the six-month period, and the prosecution was dismissed as a suspicion of committing the same crime during the suspended sentence period. In addition, in full view of the fact that the instant crime was repeated, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and happiness environment, and the circumstances before and after the instant crime, it is judged that the sentence imposed by the court below is unreasonable.

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Where a conviction becomes final and conclusive due to a sex offense subject to the registration of personal information of this case under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant falls under a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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