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(영문) 서울고등법원 2019.09.26 2019노1685
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unjustifiable and unreasonable.

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case, inasmuch as the defendant and the person to whom the attachment order was requested, or the person to whom the probation order was requested (hereinafter “defendant”) committed two or more sexual crimes and the recidivism risk is acknowledged, and the court below dismissed the request for the attachment order of this case

2. Determination

A. The crime of this case on the assertion of unfair sentencing is deemed to have committed an indecent act by force against the victim who does not have a general sense at a facility used by the public, and the nature of the crime is not good. The crime of this case appears to have been aware of the victim's mental suffering and suffering, and the defendant also committed the sexual crime of this case when considering the fact that the defendant committed the sexual crime of this case even though he had already been punished several times as the same crime, it is necessary to strictly punish the defendant.

However, taking into account the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have committed the instant crime; (c) the type used in the instant crime appears to be relatively weak; (d) the Defendant agreed with the victim and the victim did not wish to punish the Defendant; (c) the sentencing of the lower court is difficult to deem that the Defendant exceeded the reasonable scope of discretion; and (d) other factors such as the Defendant’s age, character and conduct and environment; (d) motive, means and consequence of the instant crime; and (e) the conditions of sentencing specified in the instant argument, such as the circumstances after the crime; and (e) the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, even if considering all the circumstances asserted by

Therefore, this part of the prosecutor's argument is without merit.

B. The lower court’s determination as to the rejection of the request for attachment order is the following circumstances, which are acknowledged by comprehensively taking account of the adopted evidence.

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