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(영문) 대구고등법원 2016.03.31 2015노613
강제추행등
Text

1. The part of the judgment below on the defendant is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. The defendant;

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case in the part of the case of the defendant was committed by the defendant and the person who requested the attachment order (hereinafter "the defendant"), mainly by taking pictures against young female customers, and by taking advantage of the occupational characteristics of taking pictures, and thus, the crime is not highly likely to be committed by forcing many victims to commit the crime.

As the Defendant was sentenced to a fine due to sex crimes, he committed an indecent act against the victim G because he was not sentenced to a fine for a year, and thereby, he committed an indecent act against the other victims even though he was under detention.

The victims seem to have suffered a big mental impulse.

In addition, while the defendant was detained as a result of each of the crimes in this case, he was subject to the disciplinary measure of 21 days of imprisonment by assaulting the prisoners of the same kind at the court below, and the disciplinary measure of 18 days of imprisonment by taking the mental medicine of the prisoners of the same kind who were killed in the court of first instance.

On the other hand, in each of the crimes of this case, the degree of type used by the defendant is relatively weak.

The defendant has no criminal record exceeding a fine, and the defendant is guilty of committing the crime in the trial of the party and reflects the wrong, and if released, he/she will be employed to lead a normal social life.

There are many things.

As a result of efforts to recover damage in the trial of the party, two of the six victims agreed with each other, and the above victims want to take the defendant's wife.

The defendant has grow up in a fluoral family environment where he has born and her fingers were born in a fluoral state, and is currently supporting his family members.

In addition to these circumstances, the sentencing conditions specified in the records of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime.

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