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(영문) 대전지방법원 2019.05.15 2018노2417
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (two years of imprisonment, two years of suspended execution, community service, 180 hours of attendance order for treatment of sexual assault, 40 hours of attendance order) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

The fact that the defendant recognizes and reflects his mistake, that is the primary offender, and that the family members of the defendant want to take the wife of the victim is favorable to the defendant.

However, in light of the place of crime, means and methods of crime, etc., the crime is very poor, the defendant attempted to flee immediately after each of the crimes of this case, the mental impulse and sexual humiliation which the victims experienced due to each of the crimes of this case seems to be difficult to recover easily, and the victims' failure to obtain a letter and it seems difficult to expect it in the future, etc., which are disadvantageous to the defendant, and taking into account all the sentencing conditions of the records and arguments of this case, such as the defendant's age, character and behavior, etc., the sentence imposed by the court below is deemed unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal of the defendant shall not be dismissed in the judgment of the court below, unless the appeal of the defendant is well-grounded, but the appeal of the defendant shall not be dismissed separately from the disposition of the court below.”

Application of Statutes

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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