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(영문) 광주지방법원 2018.10.10 2018노1072
준강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the amount of KRW 5 million, the amount of KRW 40 hours, the amount of KRW 5 million, the amount of KRW 40 hours) is too unreasonable.

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

2. The judgment was based on the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the victim expressed his intention not to punish the defendant.

However, in full view of the various sentencing conditions shown in the argument of this case, including the fact that the degree of indecent act is not less minor, and that the defendant had a record of having been sentenced to the suspension of the execution of imprisonment due to intrusion upon residence in 2010, etc., the sentence imposed by the court below seems to be inappropriate because the sentence imposed by the defendant is somewhat uneasible, and thus, the defendant's improper assertion of sentencing is without merit,

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to 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 the court are as shown in each corresponding column of the judgment below, and thus, they are 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 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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 Children and Juveniles against Sexual Abuse, and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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