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(영문) 서울고등법원 2021.02.04 2020노2294
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

The sentence of the court below that is unfair in sentencing the summary of the grounds for appeal (the sentence of the court below's 1-year suspended sentence, the order to observe the protection, the community service order for 120 hours, the order to attend sexual assault treatment lectures for 40 hours, the order to observe the 2-hour order in August 8-year suspended sentence, the order to observe the protection, the order to provide community service for 200 hours, and the order to attend sexual assault treatment lectures for 40 hours in the judgment) is too unreasonable.

Although it is necessary to issue an order to disclose or notify personal information and to issue an employment restriction order to prevent recidivism by a criminal defendant and a requester for an employment restriction order (hereinafter referred to as " criminal defendant"), it is improper to exempt the criminal defendant from the order despite the need to issue an employment restriction order.

A criminal defendant who has dismissed an order to observe the protection is likely to repeat a sex crime.

Nevertheless, it is unreasonable for the court below to dismiss the request for observation order by sentencing a suspended sentence of imprisonment.

Judgment

As to the argument of sentencing, the court below held that ① under unfavorable circumstances, the defendant committed an indecent act by force against the victim C and F, who was operated at the drinking house or marina room, committed an indecent act by force by the victim C and F, and stolen checks, etc. at the victim G’s market price of KRW 8 million and KRW 100,000 won, and the crime is not good in light of the contents, frequency, etc. of the crime, the victim C and F are likely to have suffered considerable sexual humiliation and mental suffering due to the crime of each of the instant forced indecent act, and the defendant was prior to the suspension of execution of imprisonment, such as a number of fines, including the crime of coercion by force, and the record of the crime, which are recorded in the judgment, and did not violate the mistake. ② under favorable circumstances, the defendant paid the victim F and G with the desire of the above victims and expressed their intention not to punish each of the above victims.

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