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(영문) 서울고등법원 2017.04.18 2017노276
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (the imprisonment of two years and six months, the suspension of execution of four years, the observation of protection, two years of community service, 160 hours, and 80 hours of sexual assault treatment) is unfair because it is too unfasible.

Judgment

The public prosecutor's assertion that there was a history that the defendant has been sentenced to a fine on one occasion due to the crime of obscenity, and the crime of this case was committed by the defendant by intrusion into the guest room in which the victims are accommodated and committing an indecent act, theft of the victims' property, and thereby, the victim E seems to have suffered a considerable mental impulse. Nevertheless, the defendant is disadvantageous to the defendant that he did not receive a letter from the victims.

On the other hand, there is no record that the defendant has been sentenced to a heavier punishment than the fine, the defendant recognizes all the crimes of this case from the investigative agency and reflects his mistake in depth, the degree of the indecent act of this case is not much serious, and the thief damage is minor in favor of the defendant.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the recommended sentencing range and the criteria for suspended execution based on the sentencing guidelines established by the Supreme Court sentencing committee, it cannot be determined that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

As to the defendant's ex officio judgment on the period of registering personal information, the sex crime which causes the registration of personal information under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and other crimes are concurrent pursuant to Article 37 of the Criminal Act and the punishment is determined pursuant to Article 38 of the Criminal Act. The period of registration of personal information resulting therefrom shall be the period of special cases concerning the punishment of sexual crimes

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