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(영문) 울산지방법원 2017.07.13 2017노110
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The nature of the crime in this case is inferior to the location and method of the crime.

In favorable circumstances, the defendant has reached the attitude of recognizing the whole crime of this case and reflecting it.

On September 1, 2016, the Defendant paid 3 million won to the victim of the crime on September 1, 2016, and the said victim did not want to be punished against the Defendant.

The defendant is the first offender.

It seems that the social relationship between the defendant and his family members seems relatively clear by wanting to take the defendant's wife against the defendant.

All the circumstances of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the overall conditions of sentencing and the scope of recommended punishment according to sentencing guidelines

A. No. 1 crime (the crime of indecent act by force on October 22, 2015) is type 1 (the crime of indecent act by force on October 2, 2015) (the crime of indecent act by force on October 2, 2015) and type 1 (the crime of indecent act by force on not less than 13 years) (the person subject to special sentencing) (the scope of recommended punishment) (the basic area).

B. Type 1 (General Indecent Acts by Forced Conduct on September 1, 2016) is not subject to punishment [the scope of recommended punishment] [the scope of recommended punishment] from 1 month to 1 year (the area of mitigated punishment], under the general standard of indecent conduct committed by force (at least 13 years subject to punishment)

(c) No sentencing guidelines are set for any crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

D. In full view of the total amount of imprisonment with prison labor for not less than 6 months according to the standards for handling multiple crimes, the sentencing of the defendant is unfair since the sentence imposed by the court below is too excessive and unfair.

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