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(영문) 서울고등법원 2016.06.28 2016노512
강제추행치상등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is unfair because the sentence imposed by the court below on the defendant (three years of imprisonment and five years of suspended execution) is too unfluent.

Judgment

The crime of this case is committed continuously and repeatedly against unspecified women whose night personnel is late and who committed an indecent act against the victim K continuously and repeatedly, and the crime of this case is very heavy, and the victims are likely to suffer severe physical and mental pain. Nevertheless, the defendant is disadvantageous to the defendant, such as the fact that he did not receive a letter from the victim K.

On the other hand, the fact that there is no criminal record against the defendant and there is a family member to support the defendant, such as his/her father and son, that the defendant recognizes all of his/her criminal acts and seriously reflects the defendant, that the above victims do not want the punishment against the defendant, that the victim K's injury is not relatively heavy, that the defendant is trying to prevent recidivism by receiving mental treatment, and that the defendant is judged to have low risk of recidivism according to the previous investigation of the claim by the branch of the Suwon branch of the Suwon Protection Station.

In addition, the above circumstances and the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, all the sentencing conditions shown in the arguments of this case, including the circumstances after the crime, and the scope of recommended sentences (the crime of indecent act by force) under Article 1 of the Sentencing Guidelines (the scope of recommended punishment) (the crime of indecent act by force from June to April 10) [the scope of recommended punishment] in the mitigated area (2 years to June 4 years) (the person subject to special mitigation] (the crime of indecent act by force) in the mitigated area (2 years and 2 years), and 3 crimes (the crime of indecent act by force) [the scope of recommended punishment] in the mitigated area under Article 1 of the Act on the Punishment of Indecent Act (the crime of indecent act by force from January 1 to April 10), which is general (the crime of indecent act by force from January 1 to special mitigation area].

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