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(영문) 서울고등법원 2017.01.10 2016노2590
준강제추행
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The punishment (one year of imprisonment) sentenced by the court below to the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") on the summary of the grounds for appeal is too unreasonable.

It is unfair that the court below ordered the disclosure or notification of the personal information of the defendant.

It is improper that the court below ordered the defendant to attach an electronic tracking device.

Judgment

As to the Defendant’s wrongful assertion of sentencing, the extent of indecent act against the victim is relatively minor, and the Defendant is against the Defendant’s recognition of the instant crime, etc. are favorable to the Defendant.

On the other hand, in the past, the Defendant was sentenced to punishment more than three times due to the indecent act committed by force against women locked in a soup or sabry, and there were many criminal records. The instant crime is unfavorable to the Defendant, such as: (a) the Defendant committed an indecent act against the victim locked in a sobry, and (b) committed an indecent act against the victim who was locked in a sobry, and was sacing again the victim's occupation; and (c) the Defendant committed an indecent act against the victim again; (d) the Defendant would have been subjected to considerable sexual humiliation and mental shock; and (e) the Defendant did not receive a letter from the victimized person, etc.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the scope of the recommended sentence according to the guidelines for sentencing established by the Supreme Court (one month to one year) (the scope of recommended punishment) pursuant to the general guidelines for the crime of indecent act (one month to one year) committed in the mitigated area (one year from January to one year) of the mitigated area (one year from January to one year), and the mitigated area (special mitigation/increased person) of the mitigated area (one year from January to one year) of the mitigated area. In the case of habitual offenders, the degree of the indecent act, who is an act, is weak in accordance with the principle of liability for the act.

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