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(영문) 부산고등법원 2018.12.06 2018노516
폭행등
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 sentence of the lower court (a) that the Defendant and the person who requested to attach an attachment order (a fine of 10 months, a fine of 5 million won, etc.) are too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2) It is unreasonable that the lower court dismissed the request for an attachment order of an electronic tracking device even though it is probable that the person who requested the attachment order would recommit a sexual crime.

2. The lower court determined the part of the Defendant’s instant case by taking into account favorable circumstances, such as the following: (a) the Defendant appears to have suffered sexual humiliation due to each of the instant offenses committed by force by the victims, and that the Defendant was sentenced to a suspended sentence of imprisonment three times due to forced indecent conduct; and (b) the Defendant was sentenced to a public performance and obscenity crime; (c) even if all of the instant offenses appear to have been committed under drinking, the Defendant committed the instant crime without making efforts, such as the Defendant himself/herself; and (d) the Defendant did not agree with the victims; and (c) the Defendant recognized and reflected all of the instant offenses; and (d) the Defendant did not focus on the type of each of the instant offenses; and (e) did not focus on the degree of the type of each of the instant offenses and the degree of the pursuit thereof.

In addition, there is no change in the conditions of sentencing compared to the original judgment, since a new sentencing data has not been submitted in the trial at the trial, and there is no change in the conditions of sentencing compared to the original judgment. Moreover, considering the reasons and circumstances of sentencing as stated in the arguments, such as the defendant's age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances before and after the crime, the sentencing of the lower court is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The lower court’s determination on the part of the request for attachment order: (a) The sex offense committed by the person who requested the attachment order is related to drinking.

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