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(영문) 서울고등법원 2020.05.14 2020노327

강제추행등

Text

Defendant

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

Reasons

1. The sentencing of the lower court is too unreasonable because of the gist of the grounds for appeal.

2. It is recognized that the defendant and the claimant for probation order (hereinafter "defendant") recognized the crime of this case at latest after the court of the court below's finding the defendant and the respondent for probation order ("the defendant") and repents and reflects the error, and that the defendant's wife's health status is not good.

However, the crime of this case is an indecent act committed by the defendant using his own arms in accordance with the victim's behind whom no relation exists, and the nature of the crime is not good in light of the method or content of the crime. The victim appears to have suffered considerable mental impulse due to the crime of this case. The defendant's second damage, such as the defendant's appearance at court and testimony of the facts of damage, occurred before the court, the defendant agreed with the victim up to the trial or did not receive a letter from the victim, the defendant had the history of having been sentenced to the same criminal punishment, the sentencing of the court below is not deemed to have exceeded a reasonable discretion. In addition, considering the defendant's age, health status, character and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances asserted by the defendant after the crime, the punishment of the court below is too inappropriate even if considering all of the circumstances asserted by the defendant in the trial.

Therefore, the defendant's above assertion is without merit.

3. The determination of the part of the probation order case is deemed to have filed an appeal regarding the case of probation order against the accused under Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”).

However, the defendant's probation order case is legitimate.