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(영문) 서울고등법원 2020.02.04 2019노2388
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unfilled that the original sentence (one year of imprisonment, two years of suspended execution, etc.) is too unfilled;

Defendant

In addition, even though the person who requested an attachment order (hereinafter referred to as "defendant") is highly likely to recommit a sex offense, the court below is also unreasonable to exempt the defendant from the disclosure and notification order and employment restriction order.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court in the part of the accused case, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, the appellate court should respect the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime is a bad thing in light of the relationship between the Defendant and the victim, the details and methods of the commission of the crime, and other relevant factors.

The victim seems to have suffered considerable mental impulse due to the crime of this case.

On November 4, 2011, the Defendant was notified of a summary order of a fine of three million won for the crime of indecent act by compulsion, and on February 19, 2016, the Defendant was sentenced to a suspended sentence of six months for the crime of quasi indecent act by compulsion, and on February 19, 2016, the Defendant was also sentenced to a suspended sentence of two years for the crime of quasi indecent act by compulsion, and all of the previous criminal records were similar to the crime

On the other hand, the defendant is against the recognition of the crime of this case, and efforts are made to prevent recidivism by continuously receiving psychological counseling.

Furthermore, the defendant tried to recover damage and expressed his/her intention that the victim does not want the punishment for the defendant before the prosecution is instituted.

The lower court, along with a 40-hour course for sexual assault treatment, ordered the Defendant to be put on probation during the period of probation, and did not enter public bath facilities, such as so doing, soup, soup, soup, brying, and bathing, as special matters to be observed.

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