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(영문) 대구고등법원 2019.07.11 2019노219
준강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and 80 hours of completion of sexual assault treatment programs) declared by the court below is too unreasonable.

2. The Defendant acknowledges both the instant crime and contradicts the wrong determination on the assertion of unfair sentencing.

The Defendant did not have any history of criminal punishment before committing the instant crime, and seems to have lived relatively faithfully, such as preparing for employment of a work clinic, and performing volunteer activities.

The mother of the defendant promises to guide the defendant and wants to take care of the defendant.

However, the crime of this case was committed by the Defendant by inserting the chest of the victim E (the victim, the 17 years old), who was satched in a sobry water hold room, inserted the fingers into the water surface, and then taking the breasts of the victim E (the victim, the 17 years old), who was satched in another water hold room, as his hand, and taking into account the relationship between the Defendant and the victims, the content and method of the crime, etc., the nature and the criminal intent of the crime are heavy.

The victims seem to have suffered considerable sexual humiliation and mental suffering due to the defendant's crime, and have tried to punish the defendant.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, economic situation, motive and background of the crime, and circumstances before and after the crime, and the scope of recommended punishment according to the sentencing guidelines, the punishment sentenced by the court below shall be deemed to be adequate and too unreasonable.

3. Article 59-3(1) of the Act on Welfare of Persons with Disabilities (amended by Act No. 15904, Dec. 11, 2018) for persons sentenced to punishment for sexual crimes under Article 2(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or sex offenses against children and juveniles under Article 2 subparag. 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “sexual offenses”) for ten years uniformly.

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