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(영문) 서울고등법원(춘천) 2020.11.18 2020노110

강제추행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

The personal information of the defendant shall be disclosed to the public for three years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment, etc.) on the part of the Defendant case is so excessive that it is unfair, and the lower judgment that ordered the Defendant to disclose and notify personal information for three years, even though the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) did not pose a risk of re-offending.

(b) On the part of a case for which an attachment order is requested, there is no risk of recidivism and recidivism of sexual crimes.

Nevertheless, the judgment of the court below ordering the defendant to attach an electronic tracking device for three years is unreasonable.

2. The crime of this case as to the part of the defendant's case is deemed to have committed an indecent act on two occasions by the defendant, and the crime of this case is bad, and the victim seems to have suffered a considerable sense of sexual shame due to the crime of this case. In particular, since the victim was together with other prisoners at the time of committing the crime, it seems that the victim suffered a considerable mental pain due to the crime of this case, and the defendant had the record of being sentenced to suspended sentence of imprisonment or imprisonment with prison labor due to sexual crimes, and the defendant committed the crime of this case, even though he was under execution of imprisonment with prison labor, is disadvantageous to the defendant.

On the other hand, the fact that the defendant fully acknowledges the crime of this case, and the defendant has already recovered part of the damage inflicted by the victim in money in this court, and the victim expressed his intention not to be punished by the agreement with the victim is favorable to the defendant.

Considering the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, various sentencing factors indicated in the instant records and arguments, such as the circumstances after the crime was committed, the sentence of the lower court seems to be somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. The lower court’s determination on the part of the claim for attachment order.