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(영문) 부산고등법원 2016.08.10 2016노301
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unreasonable that the sentence of the court below against the defendant and the requester for the observation and order of protection (hereinafter “defendant”) is sentenced to the punishment (a period of eight months, etc.).

2. Determination

A. Although the Defendant had been sentenced to one year of a suspended sentence for six months due to an indecent act committed in the course of force in 2015, the fact that the Defendant committed the same kind of crime during the suspended sentence is disadvantageous to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case and is in profoundly against the defendant's depth, that the injured person wants the defendant's wife by agreement with the victim, that the degree of the indecent act of this case is relatively not much serious, that the defendant suffers from friendly disorder, that the parent and the branch of the defendant are leading the defendant, and that the defendant is also trying to lead a normal social life, and that the defendant is also trying to lead a normal social life, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is deemed unfair.

B. The lower court ordered the Defendant to observe the protective observation order for a period of two years after the completion of the execution of the sentence. In so far as the Defendant filed an appeal against the Defendant’s instant case, the lower court is deemed to have filed an appeal regarding the claim for the protective observation order under Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Offenders and Electronic Devices, etc.

Although the Defendant did not assert any grounds for appeal regarding the part regarding the claim for protective observation order, according to Articles 21-8 and 9(4)4 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., Article 21-8 and 9(4)4 of the Act on the Electronic Monitoring, the Defendant’s request for protective observation order shall be dismissed when a suspended sentence is sentenced to the specific crime case.

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