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(영문) 대구고등법원 2016.04.07 2016노15

강제추행등

Text

1. The prosecutor's appeal is dismissed.

2. Of the judgment of the court below, “public information on the Defendant” against three years.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the lower court sentenced to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (one hundred months of imprisonment) to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is deemed unreasonable.

B. The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant is unlawful, in view of the fact that the Defendant was subject to suspended sentence due to forced indecent act and committed the instant crime against neighboring residents several times, taking into account the fact that the Defendant committed the instant crime.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case was committed by the Defendant by calls to the victim D, and the Defendant was limited to the victim F's chests or negatives over four times, and the sexual organ was taken out.

The public performance obscenity is a obscenity act, and the nature of the crime is hot.

The victims of this case are neighboring female women of the defendant, and in particular, the victim F returned to other areas and was willing to believe the defendant, so the victims were highly shocked due to the defendant's crime.

Nevertheless, it seems that the defendant did not receive a letter from the victims and did not have a serious apology to the victims.

The defendant has been punished for committing a crime that, even before, commits an indecent act by forcing neighboring residents to commit an injury that requires approximately six weeks of medical treatment.

On the other hand, the defendant committed all the crime of this case while committing the crime of this case, and tried not to repeat again, and there is no emphasis on the degree of tangible power that the defendant used to commit the crime of this case's compulsory indecent act.

The defendant is aged (71). The wife and children of the defendant appeal against the defendant, and neighboring residents also submitted a written application for coal for the defendant.

These points are favorable to the defendant.

. These circumstances.