(영문) 대구고등법원 2017.05.15 2017노86 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대구고등법원 2017.05.15 2017노86

준강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case committed by the lower court against the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is deemed to be too unreasonable.

2) It is unreasonable for the lower court to order the Defendant to disclose and notify personal information for a period of three years.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for three years.

2. Determination

A. Examining the various sentencing conditions in the instant case regarding the unfair argument of sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant appears to reflect in depth the mistake while committing the crime; (b) the degree of the type of force exercised by the victim is not much excessive; and (c) the victim does not want the punishment of the Defendant by mutual consent with the victim.

On the other hand, the crime of this case was committed by the Defendant at a soup and soup room that the Defendant committed an indecent act against the victim (the 24-year old-old her sexual organ). The crime of this case was committed in light of the circumstance, method, place, etc. of the crime, and the nature of the crime seems not to be negligible, thereby causing considerable mental shock and sexual humiliation, and the victim seems to have suffered a sense of sexual humiliation. The Defendant had the record of being sentenced one time to a suspended sentence and a fine for an indecent act similar to the instant law as follows. In particular, on December 12, 2012, he was sentenced to 8 months of imprisonment with prison labor and 2 months of suspended sentence and 1 year and 3 months of suspended execution, which became final and conclusive on May 31, 2013, and again committed the crime of this case at the expiration of the suspended execution period.

As above, the defendant's age, sex and environment, family relationship, health status, motive and circumstance of the crime, is different from the sentencing factors favorable or unfavorable to the defendant.

유사 판례

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