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(영문) 서울고등법원 2019.02.01 2018노3495
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment of the court below is reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for three years.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment (five years of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. It is improper for the court below to exempt the defendant from the order of disclosure notification of personal information.

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion of unreasonable sentencing, the instant crime is very difficult in that: (a) the Defendant committed an indecent act on two occasions against the victim D under the age of 18, a neighbor, who was friendly by the Defendant; (b) committed an indecent act on three occasions by force against the victim’s mother and her relative; and (c) the crime against multiple victims continuously repeated within a relatively short period of time; and (d) both the mother and her child were the subject of indecent act by compulsion.

The Defendant entered the front door password into the victim D’s residence, and then shows his sexual organ to the minor victim D, and commits an indecent act throughout the victim D’s body, such as her mack, light, ship, breast, etc., he is very unfavorable to transfer the victim’s specific attitude or transfer.

The victims seem to have suffered considerable mental shock and pain due to the crime of this case.

Although the Defendant had been subject to punishment on two occasions due to other types of crimes committed after drinking alcohol, the Defendant committed another crime of this case without stopping his behavior after drinking alcohol.

However, the Defendant recognized all of the crimes of this case, and against the mistake.

In the first instance, the defendant agreed with the victims, and the victims do not want to punish the defendant.

A defendant has no record of criminal punishment or a fine or heavier punishment for the same crime.

Such circumstances and the character and conduct of the accused, the environment, and the motive, means and means of committing the crime.

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