(영문) 인천지방법원 2017.04.28 2017노741 | 리걸엔진

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(영문) 인천지방법원 2017.04.28 2017노741

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (4 months of imprisonment and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.

2. The judgment of the defendant committed the instant crime during the period of suspension of execution, the fact that the defendant did not reflect on the first instance trial procedure, and the fact that the victim received considerable mental impulse due to the instant crime is disadvantageous to the defendant.

However, the fact that the defendant was found to have committed a mistake in late late and against the defendant's judgment, that the defendant compensated the victim for damages (at least three million won in agreement) and agreed with the victim, that the defendant's wife desires to take the lead to the defendant, that the defendant has no record of punishment due to the same crime, that the defendant has no record of punishment due to the same crime, that the suspended execution (at least 10 months in prison - 2 years in suspended execution) already already received is revoked, and that there is a great difficulty in supporting the defendant.

In full view of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is deemed unfair.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as a new judgment is the same as the corresponding column of the judgment of the court below, the criminal facts recognized by the court in charge of the criminal facts and the summary of the evidence and the summary of the evidence shall be cited in accordance with Article 369 of the Criminal Procedure Act, except for the case where “1. Part of the Defendant’s Court Statement” in the summary of evidence was used as “1. The Defendant’s Court Statement” in the summary of the evidence.

Application of Statutes

1. Criminal facts;

유사 판례

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-서울중앙지방법원 2020.10.22 2020노1071

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-울산지방법원 2017.03.10 2017노117

-수원지방법원 2019.03.22 2019노410