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(영문) 광주고등법원 2014.10.23 2014노305
강제추행등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (two years of imprisonment and three years of suspended execution) is too unreasonable for the person who requested the attachment order (hereinafter referred to as the "defendants").

In light of the method, motive and circumstance of the Defendant’s crime committed by the Defendant, and the relationship with the victims, etc., it cannot be deemed that there are special circumstances where the Defendant’s personal information should not be disclosed or notified. Thus, it is unreasonable that the lower court did not order the disclosure or notification of the Defendant’s personal information.

In light of the background and method of the crime, etc., it is unreasonable for the court below to dismiss the defendant's request for an attachment order against the defendant even though the defendant committed an indecent act against the victims several times for a considerable period of time, and in light of the circumstances and method of the crime

We examine both the defendant and the prosecutor's assertion on the decision on unfair sentencing regarding the defendant's case.

Some of the victims have not been punished by the defendant, victims are not vulnerable to crimes compared to women and children, and the defendant is willing not to repeat the crime while voluntarily surrenders to the status of the representative and pastor of the organization, and there is no past record of the same kind of criminal record or the suspension of execution.

However, the Defendant planned to commit the instant crime with exemption from the charge to the victims, and committed several indecent acts by force several victims over a long time. In light of the method and content of the instant crime, the number of victims, etc., the fact that the nature of the crime is extremely poor in light of the method of the crime, the victim’s number, etc., and the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the crime, etc. are considered as a whole.

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