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(영문) 서울중앙지방법원 2013.07.05 2013노1659
강제추행
Text

The judgment of the first instance shall be reversed.

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. The judgment of this court on the misunderstanding of the gist of the grounds for appeal (the defendant does not have any fact that her am before or after the victim G) and unfair sentencing

A. According to the victim's statement in the first instance court, etc. as to the victim's assertion of misunderstanding of facts, the defendant can find the fact that the victim's her her her her her her her her her her her her her her her her at the time, so the first instance court's decision that found the defendant guilty of the facts charged in this case based on such evidence is acceptable, and there is no

B. Although there has not yet been an agreement with the victim on the assertion of unfair sentencing, in full view of the following factors: (a) the Defendant did not have a criminal record; (b) the Defendant’s age, character and conduct; (c) the character and conduct of the Defendant; (d) the motive and circumstance of the crime; and (e) the circumstances before and after the crime, the sentence of the first instance court

3. According to the conclusion, 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 the judgment is again rendered following the pleadings.

The facts constituting a crime and the summary of the evidence acknowledged by the court are as follows: (a) deleted the “written statement of the defendant” from among the summary of the evidence of the court of first instance; and (b) correct the “written statement of the witness G and H in the second trial records” to “written statement of the witness G in the second trial records”; and (c) add “written statement of the witness J” to “written statement of the witness G in the second trial records”; and (d) cite it as it is the same in the judgment of the court of first instance, and thus,

Application of Statutes

1. Article 70 and Article 69(2)1 of the Criminal Act on January 1, 298 of the Act on the Punishment of Criminal Crimes and the Selection of Punishment (Optional to Fines) provides that a person shall be subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act, which is a sexual crime subject to the registration of personal information.

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