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(영문) 대구고등법원 2017.03.16 2016노657
유사강간등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The punishment sentenced by the court below (two years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable for the summary of the grounds for appeal and the person who requested an attachment order (hereinafter referred to as the "defendant") to be sentenced to the punishment.

The court below's order to disclose and notify the defendant's information for a period of three years, even though there are special circumstances that may not disclose the personal information of the defendant in violation of the disclosure and notification order.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

Examining the various sentencing conditions in the instant case regarding each of the Defendant and the Prosecutor’s respective arguments on sentencing, the circumstances favorable to the Defendant are as follows: (a) the Defendant has committed all of the instant crimes, and is closely against the mistake; and (b) the Defendant is an initial offender who has no particular criminal history.

On the other hand, each of the crimes of this case was committed by the defendant around the new wall by approaching the victims who are mixed with the house in the vicinity, by putting the chest on the floor by committing an indecent act or by suppressing the victim's resistance, and by inserting the fingers into the floor, and then inserting them into similar rape. In light of the nature and content of the crime, the method of the crime, etc., the crime is deemed to be inferior and heavy, and the victims are deemed to have suffered considerable sexual humiliation and mental impulses due to each of the crimes of this case. Nevertheless, the defendant did not receive a letter from the victims, etc., which is disadvantageous to the defendant.

As above, comprehensively taking into account the Defendant’s age, career, sex, environment, family relationship, motive and background of the crime, means, method and consequence of the crime, etc., as well as all of the sentencing conditions set forth in the instant pleadings, such as whether the Defendant was disadvantageous or favorable to the Defendant, and the scope of the recommended punishment set out in the sentencing guidelines (one year and eight months to four months), and the lower court is the highest sentenced person by law, taking into account such sentencing conditions and the scope of the recommended punishment set forth in the sentencing guidelines (one year and four months to April).

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