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(영문) 서울고등법원 2017.11.23 2017노2780
강제추행등
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 Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.

2) It is unreasonable to order the court below to disclose and notify the defendant's information for a period of three years, despite special circumstances that the disclosure of personal information of the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") against the improper defendant of the disclosure and notification order.

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

2) The lower court’s dismissal of the request for the attachment order of this case is unreasonable, even though the Defendant committed a sexual crime on at least two occasions against the Defendant, and the risk of recidivism was found.

2. Determination

A. Considering the fact that the Defendant repeatedly committed the instant crime while having the same criminal record and that the Defendant did not agree with the victim E and F until the trial was held, strict punishment against the Defendant is required.

However, when considering the circumstances of sentencing specified in the pleadings of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable, and thus, the defendant and the prosecutor's above assertion are without merit. Thus, the above assertion by the defendant and the prosecutor is without merit.

B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, commits sexual crimes to defend our society from sexual crimes.

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