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(영문) 의정부지방법원 2018.02.05 2017노3590
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of 6 months and the fine of 500,000 won) is too unreasonable.

2. The nature of the crime in this case is not weak in that it commits the instant indecent act during the suspended execution period due to the content of the instant crime, the brokerage of sexual traffic, etc.

However, in light of the following: (a) the Defendant led to the confession of the offense; (b) the victim did not want the punishment of the Defendant by agreement with the victim of forced indecent conduct in the past; (c) the Defendant did not have any record of having been punished for the same kind of crime; and (d) other various conditions of sentencing indicated in the record, such as the background of the offense; (b) the circumstances after the offense; and (c) the Defendant’s age and sexual conduct, the sentence of the lower court is too unreasonable.

3. In conclusion, 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 reasonable, and the judgment below is ruled 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. Article 298 of the Criminal Act in relation to the crime, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing public order) and Article 141 (1) of the Criminal Act (the point of disturbing public order) concerning the crime;

1. Selection of a fine for the violation of the Punishment of Minor Offenses Act and the Punishment of Minor Offenses Act against the crime of compelling the option of punishment, and damage to public goods;

1. Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act to increase concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

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

1. A sexual assault offender who is subject to the obligation to submit personal information under Article 334(1) of the Criminal Procedure Act, which is subject to the provisional payment order.

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