beta
(영문) 서울고등법원 2016.12.06 2016노2296

강제추행

Text

The judgment below

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

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence (one year and six months of imprisonment, three years of suspended execution, etc.) imposed by the court below on the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as "defendants") is deemed unreasonable.

Considering the fact that the Defendant committed a crime against an unspecified victim on five occasions over the part of the claim for attachment order, the crime was committed, the Defendant was interviewed, and the Defendant was unable to vindicate for the same reason, it is reasonable for the lower court to dismiss the Defendant’s request for attachment order against the Defendant.

Judgment

In the part of the defendant's case, the defendant recognized each of the crimes of this case and divided the error in depth, the victim H, E, and the original trial, and the victim I and the trial court respectively, and agreed that the above victims do not want punishment against the defendant, and there is no record of criminal punishment against the defendant, etc. are favorable to the defendant.

On the other hand, each of the crimes of this case is the circumstances unfavorable to the defendant, such as the fact that the defendant committed an indecent act by force on an unspecified victim five occasions at night, and the responsibility for the crime is very heavy, and the victims seem to have suffered considerable physical and mental pain and a sense of sexual humiliation. The victims did not receive any written appearance from two persons among the victims.

In addition, the above circumstances and the defendant's age, character and conduct, environment, etc., all the sentencing conditions as shown in the argument of this case, and the recommended range of sentencing guidelines established by the Supreme Court's Sentencing Committee (one year to six years of imprisonment) 1 and two crimes: Nos. 3 and 1 of each of the crimes of indecent act by compulsion as stated in the judgment of the court below [the range of recommending punishment] is the aggravated area (one year to six months of age) (one year and six years of age and three years of age).