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(영문) 서울고등법원 2015.12.23 2015노3059

강제추행등

Text

The prosecutor's appeal is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

The summary of the grounds for appeal on the part of the defendant's case, which the court below sentenced to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") (two years of suspended sentence of imprisonment for eight months), is unreasonable as it is too uneasible

Judgment

In full view of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (b) relationship with the victim; and (c) the scope of recommended sentences according to the sentencing guidelines set by the Supreme Court Decision, including the sentencing guidelines set forth in the sentencing guidelines, including the Defendant’s age, character, environment, motive, means and consequence of the crime; and (d) the Defendant actively endeavors to improve character and behavior, including the Defendant’s mental and medical treatment, in recognition that there are many favorable or unfavorable circumstances in favor of the Defendant and the Defendant’s treatment after the instant crime

The prosecutor's ground of appeal is without merit.

After filing an appeal against the judgment of the court below, the prosecutor filed an application for consolidated proceedings with the defendant's case and made a decision to concurrently examine the defendant's case and the above case's case's claim for attachment order.

The summary of the facts leading to a request for attachment order is likely to recommit a sexual crime in light of the Defendant’s environment, criminal records, character and conduct, and motive, means, method, etc. of committing the crime of this case, who committed the crime of this case again, even though the Defendant was sentenced to a fine for the crime of sexual assault or a suspended sentence on two occasions in 209, by committing the crime of this case.

Judgment

According to Articles 9(4)4 and 28(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for an attachment order shall be dismissed by judgment when a suspended sentence is rendered with respect to a specific crime case. However, the specific crime is committed.