성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
The victims, who were the first generation of society due to the crimes of this case, seem to have suffered a considerable mental shock.
In particular, the defendant repeatedly committed indecent acts against the victim E, and in light of the attitude of the act, the time and place of the crime, etc., this part of the crime is poor.
Nevertheless, the mental suffering that the victims suffered by denying the crime in the course of investigation seems to have increased.
However, the defendant shows the form of reflection that all of the crimes of this case were led to confession and serious reflection in the original judgment and the trial court.
In addition to the case of a minor one fine due to the violation of the Guarantee of Automobile Accident Compensation Act, the defendant has no past record of punishment.
After the defendant was detained due to this case, he seems to have an opportunity of reflective and self-determination through the detention period exceeding four months.
Although the defendant did not reach an agreement with the victims, he made efforts to recover damage by depositing a considerable amount of money (16 million won for the victim E, 1.5 million won for the victim G) for the victims.
It seems that there was no significant exercise of force in the course of indecent conduct, and the risk of recidivism is high in light of the criminal records of the defendant, the background of the crime in this case, and the social relationship between the defendant and the defendant.
Considering such circumstances as well as the circumstances revealed by the record, it is not deemed that the sentence imposed by the lower court is too heavy or that the lower court should be reversed.
The judgment of the court below is based on unreasonable grounds, such as the defendant or his defense counsel or the prosecutor alleged in the grounds for appeal.