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(영문) 부산고등법원 2018.04.05 2018노6
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was physically and mentally deprived or physically weak at the time of committing an indecent act by force against residence.

2) The punishment sentenced by the lower court to the Defendant (three years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the evidence duly admitted and examined by the court below, the defendant was found to have been under the influence of alcohol at the time of committing an indecent act against a female toilet by force. However, in light of the circumstances revealed in the arguments in the instant case, such as the background of the crime in this case and the defendant's act before and after the crime in this case, the defendant was in the state that he had no or weak ability to discern things due to drinking.

does not appear.

Therefore, the defendant's above assertion is without merit.

3. The lower court determined the aforementioned sentence by taking into account the following circumstances: (a) the victims suffered considerable mental impulses due to each of the instant crimes; (b) the victims committed multiple violent crimes against the Defendant; (c) the Defendant committed each of the instant crimes during the repeated crime period due to violent crimes; (d) the victims failed to recover from damage; and (e) the victims were able to punish the Defendant; (b) the type and degree of indecent act committed by force of intrusion upon residence are relatively minor; (c) the degree of injury to the victims was not significant; and (d) the Defendant committed the indecent act by force of intrusion upon residence was not remarkably minor; and (d) the Defendant was able to repent his mistake

In addition to the above circumstances taking into account in sentencing, the court below did not have any special circumstances or new changes in circumstances that may change the punishment of the court below, and examining other circumstances that form the conditions for sentencing as shown in the records and arguments including the defendant's age, sex, environment, etc.

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