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(영문) 서울고등법원 2014.05.15 2014노447

강제추행등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment for a term of one year, two years of suspended sentence, two years of probation, community service order, 120 hours of community service order, and 80 hours of attendance order of sexual assault therapy) sentenced by the court below to the defendant and the person who requested an attachment order (hereinafter "defendant") (hereinafter "defendant") is unreasonable.

B. On the part of the case where a request for attachment order is made, the Defendant is found to have committed a sexual crime and committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime.

Nevertheless, the court below dismissed the prosecutor's request for attachment order, which is improper.

2. Determination:

A. In the part of the Defendant case, each of the instant crimes committed by the Defendant committed an indecent act against female juveniles, etc. at the latest time of the new wall, however, the Defendant committed an indecent act against the female juveniles, etc., and in light of the criminal history and the subject of the crime, the nature of the crime is not less than that of the victim, and the Defendant was sentenced to a suspended sentence of imprisonment with labor for committing an indecent act against 7 years old and older 7 years old and female bucks and drinkings in 2004, and there was a history of punishment for an indecent act seven times. In addition, there is a need for a strict punishment against the Defendant.

However, in full view of the following factors: (a) the Defendant did not exercise any particular force at the time of the instant crime; (b) the extent of the Defendant’s indecent act in light of the victim’s response immediately after the commission of the instant crime; (c) the Defendant appears to have committed a somewhat contingent and contingent act; (d) the Defendant appears to have committed the instant crime under the influence of alcohol; (c) the Defendant was aware of all the instant crimes; and (d) the victims have agreed with the victims; and (e) other factors of sentencing, including the Defendant’s age, character and conduct, relationship with the victim, motive, means, consequence, and circumstances after the commission of the crime, etc., the lower court sentence imposed on the Defendant.