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(영문) 서울중앙지방법원 2014.03.28 2014노572
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of both appeals;

A. The gist of the prosecutor’s grounds for appeal: The court below’s sentence (the prosecutor’s sentence of imprisonment - one year, the court below’s sentence - four months, and the order to complete sexual assault treatment programs 40 hours) is too uncomfortable, in light of the following: (a) the criminal records subject to four times of punishment for the same kind of crime within a short time from 2011, the repeated crime period; (b) the possibility of recidivism; and (c) the likelihood of recidivism; and (d) the period of attendance; and (e) the crime committed by the victim under the care of the victim; and (e) the nature of the crime cannot be deemed to be less and less.

B. In light of the summary of the Defendant’s grounds of appeal (1) in light of the fact that the Defendant’s grandchildren and elbows in light of the previous misunderstanding of the legal principles on “indecent conduct,” and the part of the indecent act committed by the Supreme Court (e.g., ambbbs, ambbs, ambbs, etc.), it is difficult for the Defendant to be included in the concept of “indecent conduct.”

(2) The above sentence of the court below is too unreasonable in light of the fact that assistance in subways leads to an contingent crime due to the lack of the surface of unreasonable sentencing, the defendant himself reflects the crime, and the difficult economic aspects, etc.

2. Determination on the grounds for appeal

A. The misapprehension of the legal principle on “indecent act” does not require violence and threat as a means of act, unlike the crime of general indecent act by force, with regard to “indecent act at a public place” under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Furthermore, “Indecent act” in this context refers to an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim’s sexual freedom.

However, as a result of the court below's lawful adoption and investigation, each of the 'dynamic CD's legally adopted and confirmed, the defendant is able to sit two times within the left side of the victimized woman within the previous dynamics stated in the facts of the crime of the court below.

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