beta
(영문) 부산고등법원 (창원) 2017.08.30 2017노189

강제추행

Text

The judgment below

The part of the case of the attachment order shall be reversed.

A location tracking shall be conducted for a period of five years to the person who requested the attachment order.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the Defendant, who requested an attachment order, explicitly withdrawn the assertion of mental disorder on the first trial date.

The sentence (4 months of imprisonment, 80 hours of order to complete a program) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.

B) It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances to not disclose or notify the Defendant’s personal information, which is improper to exempt the Defendant from disclosure and notification orders.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if there is a risk that the Defendant would recommit a sexual crime.

2. Determination on the part of the case of the defendant

A. The instant crime committed by the Defendant and the Prosecutor with regard to each of the following facts: (a) the Defendant committed an indecent act by force by force by assaulting the chest and the sound of an elderly victim; (b) the nature of the instant crime is very poor; (c) the victim was suffering from a big mental pain due to the instant crime; (d) the Defendant was subject to criminal punishment on several occasions due to murder and bodily injury; and (c) the Defendant was subject to criminal punishment on several occasions on June 14, 2016; and (d) in particular, on June 14, 2016, the Defendant was sentenced to a suspended sentence of ten months for punishment due to an indecent act committed by the Jinju branch of the Changwon District Court, which became final and conclusive on June 22, 2016; and (e) the Defendant committed the instant crime of the same kind of crime in the same time

On the other hand, the fact that the defendant recognized the crime of this case and reflects his mistake, and that the victim does not want the punishment of the defendant by the defendant's agreement with the victim is favorable to the defendant.

The above circumstances and the Defendant’s age, gender, and behaviors.