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(영문) 부산지방법원 2014.12.16 2014노3985
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that considering the fact that the defendant planned the victim's sexual organ in a bathing beach where the attention of the people has been distributed and the damaged women suffered considerable mental suffering, the punishment of the court below (fine 3 million won) is too unfilled and unfair, and it is necessary to issue an order to disclose and notify personal registration information in consideration of the nature of the indecent act method and the risk of recidivism.

2. Determination

A. In light of the unfavorable circumstances as pointed out by the prosecutor, it is necessary to issue a warning to prevent recidivism to the defendant. However, the defendant's primary crime and is detained for not less than two months, and the defendant has an opportunity to reflect, and the defendant also maintains the livelihood of the mother and the 11st punishment system in Bangladesh with the income of the Republic of Korea after acquiring the employee who has been unable to prepare for the four years, and is forced to be repatriated due to the instant case, and all other circumstances, including the defendant's age, character and character, and environment, which are the conditions for sentencing as indicated in the instant case, shall not be deemed that the sentence imposed by the court below is too weak.

B. Meanwhile, the court below held that the defendant's age, occupation, risk of recidivism, type of sexual crime in this case, motive, process of crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the prevention and effect of sexual crime subject to registration which can be achieved thereby, and the protection effect of the victim, etc. In addition to the defendant's age, occupation, risk of recidivism, risk of recidivism, the court below's decision is just and acceptable.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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