(영문) 부산고등법원 2018.06.28 2018노213 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 부산고등법원 2018.06.28 2018노213

강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the Defendant (unfair sentencing) committed by the lower court against the Defendant and the person who requested an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) (one and half years of imprisonment, and 40 hours of completion of a sexual assault treatment program”) is too unreasonable. The part ordering the Defendant to disclose the registration information for five years in relation to the crime in the case 2017 high-class 545 case as indicated in the lower judgment is also likely to pose a risk of recidivism and recidivism of sexual crimes.

It is unreasonable to see it.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of five years.

2. Each of the crimes in this case regarding the part of the defendant's case (unfair assertion of sentencing) committed an indecent act by force by the defendant during the period of repeated crime due to the crime of coercion, etc., such as coercion of female victims, and interfere with the victim's business by breaking a plaque or destroying property at a restaurant or convenience store, and destroying a wheelphone.

The court below, under consideration of the following circumstances: (a) the Defendant did not make any effort to recover damage; (b) the Defendant was punished for sexual crimes and violent crimes in the past; (c) the Defendant committed each of the crimes of this case during the period of repeated crime; (d) the Defendant recognized and reflected his mistake with respect to each of the remaining crimes except for the crime of forced indecent act; (e) the type and degree of commission by the victim of forced indecent act is relatively minor; and (e) the physical damage inflicted by the Defendant to the victims and the degree of the victims’ property damage are not significant.

In addition to the sentencing grounds of the lower court, there are favorable circumstances, such as that the Defendant suffers from “mal disability” and that the Defendant recognizes all of the indecent acts committed in the first instance.

However, damage caused by the act of the defendant.

유사 판례

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