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(영문) 대구고등법원 2020.05.07 2019노589
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment, four years of suspended execution, etc.) is deemed to be too unhued and unfair.

2. The crime of this case was committed by the Defendant without permission in the neighboring resident’s residence, and was committed by indecent act on two occasions.

The victim suffered a considerable sense of sexual humiliation and mental impulse due to the crime of this case.

In light of the background and method of the instant crime, degree of damage to the victim, etc., the nature and circumstance of the instant crime cannot be deemed rice.

However, the Defendant initially recognized the crime of this case in a net manner and is in profoundly against it.

There is no record of punishment imposed on the defendant for the same sex offense or beyond the fine.

In the original trial, the defendant does not want the punishment of the defendant, even though he commits the crime of death against the victim and simply agrees with the victim.

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 cannot be deemed as being too appropriate and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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