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(영문) 서울고등법원 2019.02.12 2018노3251
준강제추행등
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 lower court’s sentencing is too unreasonable.

B. It is unreasonable for the lower court to order the disclosure and notification of the information of the Defendant for three years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the respondent for an attachment order (hereinafter “Defendant”) should not be disclosed.

C. It is unreasonable that the lower court ordered the Defendant to attach an electronic tracking device for three years, although there is no risk of recidivism and recidivism of sexual crimes against the Defendant, which is improper in issuing an attachment order.

2. Determination

A. It is recognized that the defendant's mistake and reflects his or her mistake, and that the defendant does not want the punishment of the defendant by mutual consent with the victim.

However, despite the fact that the defendant was punished for the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place) and the crime of indecent act by compulsion, he again committed the crime of this case during the period of repeated crime. The crime of this case is committed by the defendant in the front-time guest room by taking advantage of the state of failing to resist the victim, and the quality of the crime is not good. The crime of this case reveals considerable mental suffering and pain to the victim due to the crime of this case, and other factors such as the defendant's age, character, character and environment, motive, means and consequence of the crime of this case, conditions of sentencing as shown in the argument of this case such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Sentencing Commission

B. The Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, commits sexual crimes to defend our society from sexual crimes.

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