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(영문) 수원지방법원 2014.08.21 2014노2861
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Sexual assault, 40 hours against the defendant.

Reasons

[Judgment on the Reasons for Appeal] The sentencing of the court below (one year of imprisonment and 40 hours of completion of sexual assault treatment programs) is too unreasonable.

However, each of the crimes of this case on board is that the defendant was off of the victim E (n, 48 years of age) who was present at a drinking house after saving the victim E (n, 48 years of age), and the defendant was forced to commit an indecent act by taking charge of the victim E's chest as soon as possible, by taking care of the victim F, who was dispatched to the site upon receiving a report, and sexually insulting the F. Since the degree of indecent act and assault is serious and the police officer is insulting, the crime is very bad, and the defendant was punished by the violation of the Punishment of Violences, etc. Act, etc., and there are many other charges against the defendant.

However, immediately after the instant case, considering the following: (a) the Defendant expressed his intention that he does not want the punishment against the Defendant; (b) the Defendant appears to have committed each of the instant crimes in a somewhat under the influence of alcohol; (c) there was no previous conviction and fine exceeding the same kind of criminal records and fines since 2002; (d) recognition of and reflects the mistake; and (e) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime

Thus, the defendant's appeal is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 3

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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