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(영문) 서울중앙지방법원 2014.01.29 2013노4434
강제추행
Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The defendant's confession of the crime in the first instance, and the defendant does not have any criminal record exceeding the same criminal record or fine; the extent of the indecent act in this case is relatively minor; and the defendant's age, character and behavior, environment, family relationship, motive of the crime in this case, means and consequence thereof, circumstances after the crime, risk of recidivism, etc. are considered to be too unreasonable.

3. As a result, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, except for the addition of "a statement made by the defendant in this court" in the summary of the evidence in the judgment of the court of first instance, instead of deducting "a part of the defendant's legal statement" in the summary of the evidence in the judgment of the court of first instance. Thus, it is accepted as it is in accordance

Application of Statutes

1. Article 62(1) of the Criminal Act on January 1, 298 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 62(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 16(2) and (3) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012); Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 201) provides that a defendant is subject to registration of personal information of a sexual crime subject to registration

disclosure order; or

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