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(영문) 부산고등법원 2019.01.16 2018노655
강제추행치상등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

except that this shall not apply.

Reasons

1. As to the part of the Defendant’s case against the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the Defendant’s case, and only the Defendant appealed.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal with respect to the part of the request for attachment order, this part is excluded from the scope of judgment. Therefore, the scope of judgment against the defendant is limited to the part of the

2. The gist of the reasons for appeal is that the original court’s punishment (two years and six months of imprisonment) is too unreasonable.

3. The Defendant raped the victim against the victim B’s will, committed an indecent act against the victim again, and sustained injury in the course of committing an indecent act against the victim by force after several months.

In addition, while being investigated by an investigative agency on the above criminal facts, the victim E committed a crime by indecent act.

Although all victims expressed their intention to refuse sexual contact with the defendant, they seem to have been distorted and received by the defendant, and they led the victims to dynamicly and interestly committing the crime by suppressing them by force.

The victims seem to have suffered considerable sexual humiliation and physical and mental pain due to the defendant's crime.

The criminal liability of the defendant is very heavy in light of the contents and circumstances of the above crime, the relationship with the victims, etc.

However, the defendant shows his attitude to recognize and reflect all of the crimes of this case when it comes to the trial.

The degree of injury suffered by the victim of the crime of injury by indecent act by compulsion is relatively weak.

The court below agreed with the victim E in the judgment of the court, and the victims do not want the punishment of the defendant in the agreement with the victim B in the first instance.

The same crime is committed against the accused.

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