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(영문) 부산고등법원 (창원) 2013.06.21 2013노121
강제추행치상등
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 sentence imposed by the first instance court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), is too unreasonable.

(b) It is unreasonable that the first instance court orders the defendant to disclose or notify personal information.

C. It is unlawful for the first instance court to order the Defendant to attach an electronic tracking device although the Defendant did not pose a risk of recommitting a sexual crime, and the period is too too long.

2. Determination

A. As to the assertion on unfair sentencing, there are favorable factors for sentencing, such as the defendant's recognition of his own crime and the fact that the defendant was against his own will, the fact that he voluntarily surrendered to the investigation agency, the fact that he was the victim of the crime of indecent act by compulsion, and the fact that he deposited KRW 80,000 for the victim G of the crime of violating the Act on the Aggravated Punishment

However, on April 29, 2009, the defendant was sentenced to a suspended sentence of one year and six months due to a violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) at the Changwon District Court, but was sentenced to a suspended sentence of one year and three months, and committed the crimes in this case except the crime of serious injury during the suspended execution period. The defendant was prosecuted for the crime of causing bodily injury by indecent act by compulsion and tried to conceal several crimes without any justifiable reason while being tried to rescue the victim, and went away from the place without any traffic accident, and tried to conceal the crime by the investigation agency on the ground of his own punishment as a driver. In the process of rape of the victim K and rape of the victim K, the crime was very poor and the damage of the above victim was considerable to the above victim, but it was not yet ordered to prevent the victim from suffering from serious injury, such as serious injury, by assaulting the victim's mother or R, etc.

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