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(영문) 대구고등법원 2020.01.16 2019노530
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, three years of disclosure and notification, five years of employment restriction) on the Defendant case (hereinafter “Defendant”) and the person requesting a probation order (hereinafter “Defendant”) is too unreasonable.

(2) It is unreasonable for the court below to order the defendant to be put on probation for three years in case of probation order request.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable

(A) The Prosecutor asserts that probation order should also be sentenced, but the Prosecutor's probation order has been sentenced to three-year probation order like the prosecutor's life, and this part seems to be a clerical error. 2. The Defendant's crime of this case with respect to the instant case was committed on three occasions in order to commit obscene acts at the time of invasion by the Defendant, which intrudes on the structure of the school, hospital, etc., such as the hospital, etc., and obscenity by committing an act of self-defense and self-defense. In light of the nature, method, frequency, etc. of the crime and indecent act by force by force, three women who face with school uniforms or school uniforms are very heavy.

The victims, including three women, had suffered sexual humiliation and mental impulse due to the crime of this case.

In addition, even though the defendant had been sentenced to a suspended sentence of imprisonment in 2015 due to the crime of indecent act by assaulting a woman's chest and a woman's chest, which was passed in 2013, again committed the crime of this case.

However, the defendant recognized the crime of this case and reflected the mistake.

The defendant's agreement with two victims of the crime of indecent act by compulsion does not want the punishment of the defendant.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, motive, means, results, etc. of the crime of this case, and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below is too appropriate, light, or unreasonable.

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