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(영문) 대전지방법원 2020.04.08 2020노350
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (the completion of imprisonment for eight months or twenty-four hours, the restriction on employment of welfare facilities for children and juveniles-related institutions, etc. and welfare facilities for disabled persons) of the lower court is too unreasonable;

2. The judgment of the court below is based on the following facts: (a) the crime of this case was committed by the defendant (the chief of an elementary school school school) who was employed by the defendant in the early 20 primary group (the assistant teacher of an elementary school) of the 20th primary group (the assistant teacher of an elementary school) who was employed by the defendant, and in consideration of the fact that the victim's chests were placed in the taxi with his fingers, and her fingers were placed in the panty line, and that the victim's chests were placed under the table for 10 minutes, and that the crime was committed against the victim's buckbucks for 10 minutes during the table, and that the victim seems to have suffered considerable mental pain for a long time, such as the abolition of the kindergarten, etc., and considering the fact that the defendant denies the crime before the prosecution of the defendant, it is inevitable to punish the defendant with severe punishment for the defendant as well as the fact that the victim was punished for the defendant.

However, considering the defendant's age, occupation, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is too unreasonable, considering the whole of the circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, occupation, character and behavior, environment, motive and consequence of the crime, and the situation after the crime.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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