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(영문) 수원지방법원 2014.08.21 2014노3057
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below on the defendant's summary of the grounds for appeal is too unreasonable (two months of imprisonment and forty hours of order to complete sexual assault treatment programs).

2. In light of the background and method of the indecent act committed by the Defendant by means of deceiving the victim’s chest under his duties and supervision, etc., the crime of this case is considerably poor, and the Defendant denied the crime at the lower court’s court court’s trial, it is necessary to punish the Defendant with severe punishment.

However, in light of the following facts: (a) the Defendant made confession of the crime when he was in the trial; (b) the Defendant did not have a criminal record of the same kind as the instant crime; (c) the Defendant did not agree with the victim; (d) deposited KRW 3 million in the trial but made efforts to recover damage by depositing it; and (e) the Defendant appears to have the time of his own care through his daily life in custody for more than three months; and (e) other factors of sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and family environment, background and consequence of the crime; and (e) the circumstances after the crime, the lower court’s

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment of Sexual Crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Program;

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