(영문) 서울고등법원 2017.07.07 2017노1463 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2017.07.07 2017노1463

성폭력범죄의처벌등에관한특례법위반(비밀준수등)등

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 of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. There is a risk that a criminal defendant and a person who requested an attachment order (hereinafter referred to as " criminal defendant") are likely to recommit a sexual crime.

Therefore, the attachment order is unfair.

2. Determination

A. It is recognized that the defendant recognized the crime of this case as to the wrongful argument of sentencing and reflects his mistake.

However, the crime of forced indecent act in this case committed against the victim who is a cab without any awareness of the defendant, and the nature of the crime is not considerably good in light of the crime process, method of the crime, degree of indecent act, etc., and there is a high possibility of criticism in that the victim might have suffered considerable mental shock and pain due to this, and the victim did not receive a letter from the victim, and the defendant did not know about the crime in this case while the defendant was under the suspension of execution due to the same crime, and the defendant committed the crime in this case without being aware of it, and other circumstances that are conditions for sentencing such as the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. are examined comprehensively, it is not recognized that the sentence against the defendant is unfair because the defendant's punishment is too excessive.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the wrongful assertion on the attachment order, the lower court: (a) committed an indecent act by the Defendant against the victim of the instant case without any awareness of boarding the taxi as a taxi passenger; (b) had been punished for the same crime committed against the taxi passengers; and (c) assessed the risk of sexual crimes committed by the Defendant against the Republic of Korea on the basis of the evaluation of the risk of sexual crimes committed by the Defendant at least 14 points in total; and (d) determined the risk of recidivism of the Defendant’s sexual crime at a level of “high” and (e) sp-R.

유사 판례

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