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(영문) 대구지방법원 2018.10.25 2018노3040
강제추행등
Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentencing of the lower court (ten months of imprisonment, forty hours of completion of sexual assault treatment programs, two years of disclosure and notification, two years of restriction on employment) is too unreasonable.

2. The crime of this case is determined that the Defendant interfered with the business of the Defendant, such as committing an indecent act against the employee while drinking alcohol at the drinking house, and exercising violence against the police officers called up for the crime, and that the nature of the crime is considerably good due to a case of insulting humiliation.

However, in the court below, the defendant agreed with the victims of forced indecent acts and interference with business affairs, and in the court of the party, the defendant deposited KRW 2 million for the police officers who are subject to interference with the performance of official duties.

In the case of forced indecent act crime, the degree of indecent act is not severe, and the main intention is not sexually.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., the lower court’s sentencing is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading.

[Re-written judgment] The same as the relevant column of the lower judgment’s judgment on criminal facts and summary of evidence.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), Article 314 (1) of the Criminal Act (the point of obstructing duties, the choice of imprisonment with labor), Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, and the choice of imprisonment with labor);

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment heavier than the largest one);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act committed by force in the judgment that is a sex offense subject to registration and submission of personal information under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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