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(영문) 부산고등법원 (창원) 2016.10.26 2016노309
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing a prosecutor’s request regarding a prosecuted case and a request for attachment order.

In this regard, only the defendant appealed for this case, since there is no benefit in appeal with respect to the request for attachment order, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the defendant case falls under the scope

2. The summary of the grounds for appeal explicitly withdrawn the allegation of mental disorder on the date of the first instance trial.

The sentence (6 months of imprisonment, 80 hours of order) sentenced by the court below against the defendant is too unreasonable.

3. The crime of this case is an unfavorable circumstance to the defendant, on June 16, 2015, committed the crime of this case at the Changwon District Court sentenced the defendant to a suspended sentence of four months for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and even during the suspended sentence period, the victim committed the crime of this case, despite the agreement between the defendant and the defendant at the time of the investigation on the request, the victim expressed his wish to be punished under the law, regardless of the agreement with the defendant.

On the other hand, the fact that the defendant is recognized as committing the crime of this case, the type of the defendant's exercise of power or the degree of indecent act is not much serious, and the defendant paid one million won during the investigation process and agreed with the victim.

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