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(영문) 서울남부지방법원 2018.08.31 2018노852
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. Determination is a normal situation that is favorable to the defendant, such as the fact that the degree of forced indecent conduct and injury inflicted by the defendant on the victim is not easy, the fact that the defendant did not receive a letter from the injured person, etc., but is contrary to the defendant's wrong recognition, the defendant has no record of criminal punishment in addition to protective disposition due to juvenile protection cases, and that the defendant has an opportunity to reflect during the period of detention for about five months, etc.

In full view of the defendant's age, sexual conduct, means and consequence of the crime, and all other sentencing conditions shown in the records and changes in the above circumstances, since the sentence imposed by the court below is too excessive and unfair, the defendant's assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);

1. If a conviction of an indecent act committed in the judgment that is a sex offense subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a person obliged to provide community service or attend lectures becomes final and conclusive, the defendant is subject to Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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