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(영문) 서울고등법원 2017.07.27 2017노1385
강제추행등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.

2) It is unreasonable that the lower court ordered the Defendant to attach an electronic tracking device for a period of two years, inasmuch as there is no risk of recidivism and recidivism of sexual crimes against the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Considering the fact that the Defendant again committed the instant crime during the period of repeated crime even though he/she had a previous conviction at several times, and that the instant crime was committed by force by the victim F and C, and that it is not good for medical personnel to conduct medical practice, etc., strict punishment against the Defendant is necessary.

However, when the defendant was in the trial for the first time, all of the crimes of this case are led to confession and his mistake is divided, and there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original court exceeded the reasonable scope of discretion.

In light of the facts that it is difficult to see the extent of the indecent act in this case, the age, sexual conduct and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and the sentence imposed by the defendant is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices Attachment, Etc. (hereinafter “Electronic Devices Attachment Act”) is insufficient solely on the possibility of recidivism. A person who requests an attachment order to commit a sexual crime again in the future may injure the legal peace by committing a sexual crime.

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