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(영문) 대구고등법원 2019.05.23 2019노148
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The lower court rejected all applications for compensation filed by E, D, and C, an applicant for compensation.

According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against a judgment dismissing an application for compensation. Therefore, the rejection part of the above application for compensation shall be excluded from the scope of

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

3. The Defendant: (a) made the clothes of the Victim H with a dangerous mental disorder by well-known body, which is a dangerous thing; (b) made the body of the victim, and committed an indecent act by force by spreading the frame into the body of the victim; (c) repeatedly interfered with duties (five times); (d) assault (7 times), special intimidation (4 times); and (d) committed a special injury.

In addition, the Defendant, carrying dangerous articles, obstructed the legitimate performance of official duties by public officials who want to remove articles loaded on the road, and instead reported that the victim AH requested medical expenses from the victim of the crime of assault, thereby threatening the Defendant in a food knife.

As such, the nature and circumstances of the crime are very heavy in consideration of the target, method and contents of the crime committed by the defendant, the frequency of the crime, the degree of damage, etc.

The victims seem to have caused considerable physical and mental pain due to the defendant's crime, and most victims want to punish the defendant.

However, the Defendant recognized all the instant crimes, including special indecent act by compulsion and assault against the victim H, and assault and assault against the victim C, and led to a misunderstanding, and led to the police investigation, led to the confession of the Defendant against AH.

YY, the victim of the crime of causing property damage, W, the victim of the crime of causing property damage, AG and AA shall agree with the defendant.

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