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(영문) 서울고등법원 2020.03.26 2019노2829
준강간등
Text

The judgment of the court below is reversed.

One year is imprisonment for the crime of quasi-rape and the crime of indecent act by compulsion on December 30, 2018.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. It is unreasonable for the court below to order the disclosure and notification of the personal information of the accused and the respondent for an attachment order (hereinafter referred to as the "defendant") for five years, in spite of special circumstances that may not disclose and notify the personal information of the accused.

C. It is unreasonable that the lower court ordered the Defendant to attach an electronic tracking device for three years, even though the Defendant did not have the risk of recidivism and recidivism of sexual crimes.

2. The crime of this case on the assertion of unfair sentencing is a case where the defendant has sexual intercourse with the victim E in the state of mental disorder, and the victim J and M was committed by indecent act by force, and the nature of the crime is not good. The defendant committed each of the above crimes against the victim E and J without being tried by the Seoul Central District Court 2018Dahap1033 due to the crime of attempted rape, quasi-indecent act by force, etc., and the defendant committed the above crimes against the victim E and J. In addition, the crime of this case committed again during the suspended execution period after the judgment on the suspended execution of the above crime of attempted rape, etc. became final and conclusive, and the crime of this case appears to have been committed with considerable mental suffering and pain to the victims. Thus, strict punishment against the defendant is inevitable.

However, in the past when the defendant was in the trial, all of the crimes of this case are recognized later, and his mistake is divided and reflected, the defendant agreed with the victims when he was in the trial, the victims do not want the punishment, the crime of quasi-rape against the victim E, and the crime of indecent act by compulsion against the victim J is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of attempted rape in the judgment of the court below which became final and conclusive, and the case of equality should be considered at the same time under Article 39(1) of the Criminal Act, and the victim M.

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