(영문) 의정부지방법원 2016.02.04 2015노2359

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(영문) 의정부지방법원 2016.02.04 2015노2359

강제추행

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (one million won of punishment, and 40 hours of orders to complete sexual assault treatment programs) by the lower court is too unreasonable.

Although the defendant stated in the appellate brief that he is guilty of facts, the defendant explicitly withdrawn the above argument on the third trial date of the trial of the first instance.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. The Defendant is recognized to have not agreed with the victim until the party’s trial.

B. However, the Defendant, at the trial of the party, led to confession and reflect on the instant crime, and there are extenuating circumstances to consider the circumstances leading to the instant crime, and the degree of such indecent act is serious.

In light of the fact that the defendant cannot be said to be a first offender who has no record of criminal punishment, and that the victim is not a matter of the defendant's act immediately after several months have passed, and it appears that the defendant was accused of the defendant's withdrawal from the company after the lapse of several months, and that the defendant contributed 2 million won to the "Juvenile House" of the Republic of Korea as a Korean welfare corporation, as well as other various circumstances that form the conditions for sentencing as shown in the argument of this case, such as the defendant's age, background of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unfair.

(c)

Therefore, the above argument by the defendant is reasonable, and the prosecutor's above argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and it is again decided as follows after the pleading ( insofar as the prosecutor's appeal is groundless but the judgment of the court below is reversed by accepting the defendant's appeal, the prosecutor's appeal shall not be dismissed in separate order). The summary of the facts constituting an offense and the evidence admitted by the court is part of the defendant'

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