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(영문) 서울고등법원 2017.05.19 2017노702

성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

(i) be against the good; and

The Defendant had no record of criminal punishment prior to the instant case.

The defendant should support the wife suffering from depression and the two children with no economic ability.

In the above circumstances, the defendant's age, sex, career, environment, family relationship, motive and background of the crime of this case, means and methods of the crime of this case, all the sentencing conditions shown in the arguments of this case, including the circumstances before and after the crime, and the sentencing guidelines within the scope of sentencing guidelines recommended by the Sentencing Committee of the Supreme Court.

(a) Basic crime: Imprisonment with prison labor for 2 years and 6 months to 5 years for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by force due to intrusion upon residence) (an indecent act committed by force (at least 13 years of age) for a sex offense;

(b) Concurrent crimes: Intrusion upon residence - Determination of the sentencing criteria;

(c) Scope of final recommended punishments according to the standards for handling multiple crimes: not less than two years and six months: imprisonment (* the crime for which the sentencing guidelines are set and the former part of Article 37 of the Criminal Act among the crimes for which the sentencing guidelines are not set shall be based on the lower limit of the scope of sentence according to the sentencing guidelines for the crimes for which the sentencing guidelines are set);

In full view of the above, the sentence imposed by the court below is too heavy or too low and it cannot be deemed unfair.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

(c)

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Public Prosecutor’s Unfair Claims for Exemption from Disclosure Orders, the proviso to Article 49(1) and Article 50(1) proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse, there are special circumstances that may not disclose personal information, as the exception to disclosure orders and notification orders.

In the case of judgment, the issue of whether the defendant constitutes "a crime" is the defendant's age, occupation, risk of recidivism, characteristics of the offender, such as the type, motive, process, result, etc. of the crime.