성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment for three years;
3.Provided, That this judgment shall not apply.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) Since the Defendant’s request for attachment order is highly likely to repeat a crime, the request for attachment order should be accepted.
2. Determination
A. As to the wrongful argument on the sentencing of the Defendant and the prosecutor, the crime of this case was committed by the Defendant’s forced indecent act inside the studio building or at the parking lot, depending on the victims who had returned home at night, and the crime was heavy.
The victims have suffered a large sense of sexual humiliation and mental impulse, and they seem to have suffered a lot of aftermaths up to now.
In 2013, the Defendant was punished by the suspension of sentence of a fine to the effect that, while intending to steal a studio in which women are living, using a gas pipeline on the new wall, the Defendant committed an obscene act that leads to a woman living in a car, and that he was punished by a fine, as he was punished by a fine, by harming his sexual organ in around 2014.
On the other hand, the defendant is attempting to commit a crime and is against the wrongness.
Defendant
In the investigation agency of the victim F, the victim E paid a reasonable amount of money to the victim E, and the victims do not want the punishment of the defendant.
The defendant has no record of being punished for committing a violent crime, a sex offense by force or intimidation.
The Defendant had a history of avoiding the intent to control his sexual impulses in the future as a youth of the 20th class of universities and colleges, and the parent of the Defendant also has interest in and medical treatment for the Defendant, thereby creating a support environment to prevent recidivism.
In addition to these circumstances, the character and conduct of the defendant, the environment, the motive, means and results of the crime, and the circumstances after the crime.