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(영문) 광주지방법원 2017.11.08 2017노3336
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (6 months of imprisonment and 40 hours of sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the victim appears to have suffered considerable mental impulse due to the instant crime is disadvantageous to the victim.

However, in light of the following: (a) the Defendant made confession of the instant crime when the Defendant was in the trial; (b) the Defendant agreed to do so with the victim; and (c) the Defendant initially agreed to do so; and (d) the records and various conditions of sentencing indicated in the process of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s environment, etc., the sentence imposed by the lower court seems to be somewhat unreasonable, and thus, the Defendant’s wrongful assertion of sentencing is reasonable and the Prosecutor’s unreasonable assertion

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as shown in each corresponding column of the judgment below, except for the modification of the "the defendant's partial statement" of No. 7 of the second page of the judgment of the court below to the "the defendant's legal statement" as stated in each corresponding column of the judgment of the court below. Thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on Special Cases concerning

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