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(영문) 서울고등법원 2013.07.18 2013노1345
준강제추행등
Text

The judgment below

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

The judgment below

In the case of the attachment order.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") (the defendant's portion of the case) (the order to complete sexual assault treatment programs for 10 months and 40 hours) is too uneasible and unfair.

B. The judgment of the court below which dismissed the defendant's request for an attachment order against the defendant, even though the defendant sufficiently recognizes the risk of repeating a sexual crime, is erroneous in misconception of facts or in misapprehension of legal principles.

2. Determination

A. As to the assertion on unfair sentencing (the part of the case of the defendant), even though the defendant had a record of punishment of a fine due to a mistake committed by forceing a female on the water in soup at the soup, it is difficult to view that the criminal liability is against the defendant’s disadvantage in light of the fact that the defendant committed the same type of crime twice or committed at the same time.

On the other hand, the fact that the defendant has no criminal record of punishment, and the degree of indecent act against the victim H is not heavier than that of the defendant is favorable to the defendant.

In light of the above conditions of sentencing, the recommended sentence scope of the Sentencing Commission established by the Sentencing Commission (one year and six months of imprisonment), the defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., it is not determined that the sentence imposed by the court below against the defendant is too unjustifiable and unreasonable.

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

B. As to the assertion of misunderstanding of facts or misunderstanding of legal principles (part on the claim for attachment order) the lower court’s judgment, according to the investigation before the request of the Director of the K-SORAS Director, the total of the results of the application of the K-SORAS to the Defendant constitutes an intermediate level, and the total of the results of the application of the K-S-RS method (PC-R) to the Defendant is also 11.

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