(영문) 광주고등법원 (전주) 2017.01.10 2016노187

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(영문) 광주고등법원 (전주) 2017.01.10 2016노187

강제추행치상등

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The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a three years of imprisonment, 100 hours of completion of sexual assault treatment programs, and 3 years of disclosure and notification orders) against the Defendant and the person who requested an attachment order (hereinafter “Defendant”) is unreasonable.

B. Prosecutor 1) The lower court’s sentence of the Defendant case is too unhued and unreasonable.

2) The lower court’s judgment dismissing the Defendant’s request for attachment order even if the Defendant’s request for attachment order recognizes the risk of recidivism of sexual crimes.

2. The crime of this case as to the part of the defendant was committed by the defendant at the new wall time, where the defendant met the state of unspecified women who suffered injury to the victims during the process, etc., in light of the method of crime and the degree of indecent act. The crime of this case was committed by the defendant as to the crime of this case. The crime of this case was committed by the defendant, since the defendant committed an indecent act against the victims, and was committed with obscenity such as exposing sexual organ on the job. The crime of this case seems to have caused considerable physical and mental shock and sexual humiliation, which are disadvantageous to the defendant. The crime of this case is committed against the defendant.

On the other hand, however, the fact that the defendant confessions the crime of this case and reflects the fact that he is going to receive mental treatment for the purpose of suppressing abnormal sexual impulses, support his three-year old children and wife, there is no history of criminal punishment other than a fine sentenced once due to the crime of intrusion by room around 2009, and the defendant does not want the punishment of the above victims by agreement with the victim E and I, and that the family and the person of the defendant want the defendant's preference, etc. are favorable to the defendant.

In addition, all the conditions of sentencing indicated in the records, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.

유사 판례

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