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(영문) 창원지방법원 2014.09.25 2014노1575
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

Sexual assault, 80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal is that the Defendant is an erroneous statement in the “number” of sexual assault treatment programs, even though the Defendant ordered one year of imprisonment and 40 hours of completion of sexual assault treatment programs (the original court ordered “the lecture” required for the prevention of recidivism of sexual assault crimes, and such order is apparent.

ii) asserts that this is unreasonable as it is unreasonable.

2. In view of the fact that the crime of this case was committed by the Defendant by force against the victim, and the nature of the crime is not weak, that the Defendant had been punished once as a suspended sentence of imprisonment with prison labor for the same kind of crime, and that the victim wants to be punished, a sentence of imprisonment with prison labor is inevitable for the Defendant.

However, in full view of the following circumstances: (a) the fact that the defendant recognized the crime in the trial of the party; (b) there is a family member to support the defendant; and (c) the fact that the defendant reflects his wrong, etc. in favor of the defendant; and (d) other circumstances, such as the defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime; and (e) circumstances after the crime, etc., are considered as a condition

3. Since the appeal by the defendant is well-grounded, 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 again.

[C] The facts constituting an offense and the summary of the evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment of the court below in addition to changing "1. The defendant's partial statement" from the summary of the evidence to "1. The defendant's oral statement"

(Article 369 of the Criminal Procedure Act). Application of law

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

2. The conviction of a sex offense subject to the obligation to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive.

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