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(영문) 대전고등법원(청주) 2020.09.24 2020노62

준강제추행

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

In addition, the judgment of the court below that issued an order to attach an electronic tracking device is inappropriate in light of the fact that the defendant's depth is against the risk of recidivism, even if it cannot be deemed that it is high.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

In light of the criminal records, etc. of the defendant, the attachment period of an electronic tracking device shall be five years since the attachment period is too short of the attachment period.

2. Determination

A. The crime of this case as to the part of the defendant's case was committed by making soup by using the body of the victim who was born at the soup bank, and committing an indecent act, and the nature of the crime is not good.

The Defendant was sentenced to a fine due to the commission of indecent act by force in 2007 similar to the instant case, and the crime of indecent act by force against children and juveniles in 201, and the crime of indecent act by force against children and juveniles in 201, and there is a history of being sentenced to an attachment order of electronic tracking device for two years and three years, and there is a high possibility of criticism in that the Defendant committed the instant crime without being subject to suspended execution during the period of

On the other hand, the defendant recognized the crime of this case and is in violation of depth, and the victim does not want the punishment of the defendant by paying a reasonable amount to the victim in the appellate trial.

The degree of the use of force and indecent act in the instant crime is relatively small.

In full view of the above circumstances and the defendant's age, character and conduct, environment, family relationship, circumstances leading to the crime, and all the sentencing conditions as shown in the arguments and records of this case, it is determined that the sentence imposed by the court below is somewhat unreasonable.

Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is reasonable.