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(영문) 서울고등법원 2017.03.28 2016노4100
강제추행치상
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years and six months of imprisonment, and three years of suspended sentence) is too unhued and unfair.

2. The judgment of the defendant committed the crime of this case by following the victim, who is getting off from an apartment elevator at night, opening the rear door of the vehicle, cutting the victim's body into the front body, cutting the victim into the vehicle, closing the door of the vehicle, and force the victim to commit an indecent act by force, thereby causing injury to the victim during the course of the crime. In light of the place of the crime, the details of the crime, and the method of the crime, etc., the crime is very poor, and the victim is deemed to have suffered considerable sexual humiliation, destruction, physical shock and pain due to the crime committed by the defendant.

However, the defendant led to the confession of the crime of this case, and repents his mistake, and the crime of indecent act by force of the defendant was committed in the course of attempted crime, and the degree of injury suffered by the victim is not much serious.

The Defendant has no record of criminal punishment before committing the instant crime.

Furthermore, after the conclusion of the oral argument in the lower court, the Defendant provided compensation for damages by paying the agreed amount to the victim before the pronouncement of the judgment, and expressed the intent that the damaged person does not want the punishment of the Defendant. The court of the lower court determined the punishment in consideration of all such circumstances.

In full view of all the conditions of sentencing as indicated in the instant argument, such as the Defendant’s age, sex, environment, family relationship, means of crime, result, etc., and the scope of recommended sentences and the standards of suspended execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the lower court is too uneasy and unreasonable.

Therefore, the prosecutor's appeal is accepted.

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