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(영문) 대구고등법원 2020.04.09 2019노636
강제추행치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, 40 hours of completion of sexual assault treatment programs, and 3 years of employment restrictions on children and juveniles, and welfare facilities for disabled persons) declared by the court below is too unreasonable.

2. Each of the instant crimes committed by the Defendant committed an indecent act by compulsion against the victims in the name of the two victims who walked in the way of the married victim, and the victim was injured in the course of the indecent act by compulsion.

The defendant's crime seems to have caused the victims to feel mental impulse and sexual humiliation.

The victims have been punished for the defendant.

The defendant has been sentenced to criminal punishment for committing crimes such as inflicting bodily injury on people, assaulting police officers dispatched, etc. before the last two years.

However, the Defendant was hospitalized from around 201 as a disabled person of Grade III with a mental disorder in the form of both-polar disorder, etc. The instant crime was committed in the state that the Defendant was unable to discern things or make decisions due to the interruption of treatment due to the wind that the Defendant was hospitalized on or around March 2019.

The Defendant recognized all the crimes of this case and reflects the wrongness, and shows the intent to self-cover and treat the above mental illness.

The degree of injury is minor in the crime of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act

The Defendant had not been punished for a sex offense before the instant case.

It seems that the economic condition of the defendant is not good, and the mother of the defendant is not good due to depression, etc.

In addition, considering the various conditions of sentencing and the scope of recommended sentences according to the sentencing guidelines as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too excessive.

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