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(영문) 서울고등법원 2015.11.12 2015노2592

성폭력범죄의처벌등에관한특례법위반(특수강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than two years and six months, and three years of suspended execution) of the lower court against the Defendant is deemed unreasonable.

2. The crime of this case committed by the Defendant is very bad to commit an indecent act by threatening the victim with a deadly weapon in front of the victim's room room, following a female returning home to the new wall.

Furthermore, on the ground that the victim is unable to walk properly, the victim gets a studio following the victim, and the victim gets on the floor where the victim lives on the elevator, making the victim feel open to the extreme fear.

As a result, the victim was suffering from severe mental impulse and suffering from extreme anxiety.

The defendant puts knife against unspecified women during the four new wall time period. Such crimes are highly likely to cause uneasiness by impairing the safety of society as a whole, trust in public order and security.

However, the Defendant recognized the crime of this case, and runs counter to his fault in depth.

A defendant has no record of being punished for committing a sexual crime, or of being sentenced to suspended execution or heavier punishment.

The defendant does not want the punishment of the defendant by agreement with the victim.

The parents and relatives of the defendant want to guide the defendant to prevent the defendant from repeating the crime and to take the first place.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.