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(영문) 서울고등법원 2016.08.18 2016노1759
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

Defendant

In addition, both the appeal of the requester for the attachment order and the requester for the attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below against the defendant and the person who requested the attachment order and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. The Defendant committed the instant crime, recognizing all of the instant crimes, and against his mistake.

However, the instant crime pertains to the Defendant’s acquisition of a certificate of completion related to C’s construction business, using his name as C and the certificate of completion of the instant crime unjustly, while threatening the victim I by threatening the victim I in a knife, and thus, the crime is very poor in light of the background of the crime or the content of the crime.

A victim I seems to have suffered considerable mental shock due to the above crime.

The defendant did not receive a letter from the victim I, and the above victim wanted to severely punish the defendant.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc., all of the sentencing conditions and the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee, etc., it cannot be said that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

B. As long as the prosecutor of the case of the attachment order and the protective observation order filed an appeal against the Defendant’s case, it shall be deemed that the appeal has been filed regarding the case of the attachment order and the protective observation order pursuant to Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders. However, the prosecutor’s petition of appeal or the reasons for appeal are not indicated in the prosecutor’s appeal and the judgment of the court below shall not be reversed ex officio.

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