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(영문) 청주지방법원 2021.02.05 2020노1396
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be treated for 40 hours sexual assault.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below (two years of imprisonment and order to complete a program) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, without any particular reason, committed an indecent act by: (a) the Defendant, following the Defendant’s non-discriminatory assault against the victim D; (b) placing the victim’s fingers in the victim’s clothes; (c) holding the victim’s chests in the victim’s clothes; and (d) arresting the current offender and making the victim board the patrol vehicle; (b) the crime is not good; (c) the Defendant’s failure to agree with the victim; and (d) the fact that the Defendant was unable to reach an agreement with the victim; and (d) having a criminal record of violence.

The circumstances are favorable to the defendant, such as the fact that the defendant committed a seriously against all crimes when he was committed in the past, the fact that the defendant seems to have committed a contingent crime under the influence of alcohol, the fact that the defendant did not have any history of sex offense and has no serious criminal record exceeding the fine, and the fact that he is making it difficult for the defendant to care alone while working for a day after graduating from an elementary school before his parents.

In addition, the sentence of the court below is recognized to be unfair due to the absence of the defendant's age, sex and environment, family relations, health conditions, and various sentencing conditions specified in the records and the previous theories, such as the means and results of the crime.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 260(1) of the Criminal Act concerning the crime, the choice of punishment, Article 260(1) of the Criminal Act, Article 298 of the Criminal Act, Article 141(1) of the Criminal Act, and each imprisonment with prison labor.

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