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(영문) 서울중앙지방법원 2017.05.26 2017노1261

강제추행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be treated for sexual assault for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. The lower court determined that the Defendant did not have any person subject to special sentencing in light of the sentencing guidelines for the crime of indecent act committed by the Defendant, and determined the sentence for 10 months in consideration of all the circumstances described in the grounds for sentencing within the scope of the basic area of the type 1 (a prison term of 6 months to 2 years) (a general indecent act).

However, the criminal records of repeated crime, which are all indicated in the facts of the judgment of the court below, constitute “a repeated crime of the same kind which does not constitute a specific violent crime”, which is a special sentencing factor which serves as an aggravated factor in the sentencing guidelines, and there is no special sentencing factor which serves as an element of mitigation, and the scope of the recommendation for the crime of indecent act of the instant case is an aggravated area (one year and six months to three years).

Considering all of the following circumstances revealed by the scope of the above recommendations and the record, the sentence imposed by the court below is too uneasible and unfair.

(1) On July 17, 2015, the Defendant was punished by a fine for committing a crime of obscenity in a park near the Defendant’s house, which was committed on July 17, 2015.

Nevertheless, the defendant from July 19, 2016 to the same year.

8. Until December 18, 2018, the instant public performance obscenity was committed several times, and immediately after the public performance obscenity was committed on August 15, 2016, the instant indecent act was committed in the form of a book and the instant indecent act was committed.

② Although the Defendant had had a record of being sentenced to heavy punishment by forcing a minor to commit an indecent act, the Defendant committed the crime of obscenity in the above paragraph (1) and the crime of obscenity in the instant performance and the crime of indecent act by force during the period of repeated crime. Among them, the crime of obscenity in the instant performance is committed repeatedly at a specific place located in a specific place near the house at the same time in a park near the house, and thus it is difficult to view it as a contingent crime, and the crime of obscenity in the performance constitutes a sexual crime under Article 2 of the Act on Special Cases concerning the Punishment,