beta
(영문) 대구고등법원 2015.07.09 2015노116

준강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: (a) The Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) merely spawn the victim’s upper part below the victim’s appearance at the time of committing this part of the crime in order to see the victim as a seat and to talk with him, there is no fact that the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) merely spawn the part above the victim’s appearance

B) The Defendant did not interfere with the victim F’s business operation in the restaurant business of the victim F. 2) The Defendant was in a state of mental disability under the influence of alcohol at the time of the crime of interference with each of the instant tasks.

3) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable and unfair. 4) In so doing, there are special circumstances to exempt the Defendant from disclosure and notification orders.

B. The lower court’s issuance of an attachment order to the Defendant is unreasonable, even though the Defendant does not pose a risk of recommitting a sexual crime.

2. Determination

A. The part 1 of the defendant's case was found as follows, which is acknowledged by the evidence duly adopted and investigated by the court below as to the charge of indecent act by compulsion of mistake. In other words, the defendant voluntarily made a statement at the prosecutor's office that "I am aware of the fact that I will come to know of women's friendship, I am going to know of it, I am going to go to the police about I am going to do so, and I am to see that I am to see that I am to see that I am to see that I am to see that I am to am to am, I am to am to am. I am to am to am to am. I am to am to am. I am to am. I am to am. I am to am. I am to am. I am to am. I am. I am to am. I am. I am. I am to am. I am. I am. I am. I am. I am. I am. I am.