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(영문) 서울중앙지방법원 2015.06.19 2015노785
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

1. The judgment of the court below is reversed.

2. The defendant shall be punished by a fine of three million won.

3. The defendant does not pay a fine;

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) is too unreasonable.

2. In light of the background and method of the instant crime, the nature and circumstances of the instant crime are not good.

However, when it comes to the trial, the defendant has received a written application from the victim, and the defendant has no record of punishment of the same kind or imprisonment without prison labor or more.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. When a conviction on a sex crime, which is subject to the registration and submission of the personal information under Article 334(1) of the Criminal Procedure Act, becomes final and conclusive, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, result, seriousness of the crime, disclosure order or notification order of personal information disclosure, the degree of disadvantage and anticipated side effects of the defendant's entrance.

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