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(영문) 서울고등법원 2019.01.25 2018노2927
강제추행등
Text

The judgment below

The prosecutor's appeal on the part of the defendant's case is dismissed.

The judgment below

A request for an attachment order shall be made.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment with prison labor for six months and two years of suspended execution) sentenced by the court below to the defendant and the person who requested the attachment order (hereinafter "defendant") (hereinafter "defendants") is deemed to be too uneasible and unfair.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of a location tracking device despite the risk of recommitting a sexual crime.

2. Determination

A. The Defendant’s crime in the part of the instant case was committed by the Defendant on the charge of the separate indecent act by compulsion, but the Defendant was under trial on the part of the subway platform, using the victim’s bucks and rhumbbbs for the first time in the subway platform, and thus, the nature of the crime is somewhat weak in light of the circumstances and the content of the crime.

The victim seems to have caused a considerable sense of sexual humiliation.

The defendant was unable to receive a letter from the victim, and has the same criminal records for several times.

However, there are circumstances that consider the circumstances such as the Defendant’s recognition of all the crimes of this case, the degree of indecent act in this case is relatively excessive, the Defendant’s health condition appears to be not good, and the equity with the case of concurrent indecent act in the latter part of Article 37 of the Criminal Act should be considered concurrently with the crime of indecent act by compulsion, which is in the relation of the latter part of Article 37 of the Criminal Act. In light of various sentencing conditions indicated in the record, such as the Defendant’s environment, character and conduct, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

This part of the prosecutor's argument is without merit.

B. The lower court’s judgment on the ground that the part concerning the request for attachment order against the Defendant was rendered a suspended sentence on the specific crime of this case, Article 9(4)4 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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