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(영문) 서울고등법원 2017.07.18 2017노1247

강제추행치상등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the period of three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the lower court on the Defendant (an order to undergo sexual assault treatment lectures for a period of two years and six months of imprisonment, three years of suspended execution, and forty hours of imprisonment) is too uneased and unreasonable.

2. The judgment recognizes all of the crimes of this case, and the defendant repents his mistake, and the defendant does not want the punishment of the above victim under the agreement with E as the victim of the crime resulting from a forced indecent act, and the defendant is the first offender who has no record of criminal punishment in the past, is favorable to the defendant.

However, the Defendant: (a) committed a crime resulting in an indecent act by making the victim’s head, knee, knee, knee, and fele the above victim’s chest; (b) making the victim’s head, fele, kn the victim’s head, and fele the victim’s head, who feled the victim’s head, and fele the victim’s head, and forced the above victim to commit the crime; (c) the Defendant committed a crime against a female returning to the new wall during the period of committing the crime, and committed a crime against a female returning to the same; and (d) in light of the risk of the method of committing the crime, the crime is very poor.

In addition, the Defendant committed a crime against an unspecified juvenile victim in the street by following the victim H, a juvenile who was married home, and attempted to gather and take a cell phone under the body of the said victim, and thereby committing a crime in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (use and photographing of cameras, etc.). In addition, the Defendant committed a crime against an unspecified juvenile victim in the street, and repeated sexual crimes in a short period, and committed a crime while an investigation was being conducted by the police due to the Defendant’s suspicion of an indecent act committed by the said indecent act, such as being examined by the police.

Victim E appears to have suffered physical mental shock and pain with considerable sexual humiliations due to the above crime by Defendant E.