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(영문) 부산고등법원 2018.06.21 2018노263
강제추행등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant 1: (a) Defendant and Defendant 1: (b) Defendant 2’s case (Sentencing in sentencing); (c) the disclosure notification period (five years) that the lower court directed Defendant and Defendant 2 and the person who requested the attachment order (hereinafter “Defendant”) to disclose the registered information; and (d) the disclosure period is too unfair.

2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of three years.

B. Prosecutor 1) The sentence imposed by the lower court on the part of the Defendant case (unfair sentencing) is too unfasible and unfair. 2) The part of the case claiming attachment order is so short that the period for which the lower court ordered the Defendant to attach an electronic tracking device is too short and unfair.

2. The Defendant committed the instant crime regarding the part of the instant case (unfair assertion of sentencing) is an indecent act by force against two young female victims by making soup during the period of repeated crime due to the same kind of crime by making soup to the victims kneeing their knee or raising their arms on the chest.

The court below determined the punishment as above by taking into account the following circumstances: (a) the defendant reflects his mistake in depth; (b) the defendant paid 8 million won to one of the victims and agreed to pay 8 million won to the victim that the injured person would not want the punishment of the defendant; (c) the victims seem to have caused considerable mental pain and sexual humiliation; (d) one of the victims who did not agree to commit the crime in this case wishes to be severe punishment against the defendant; (e) the defendant committed a crime that commits an indecent act against the women in bus or soup from 2009 to 209; (c) thereby, he was sentenced two times of fine; (d) two times of suspended sentence; and (e) one time of imprisonment with prison labor; and (e) in particular, the defendant committed the crime in this case during the period of repeated crime after having been sentenced to imprisonment with prison labor for an indecent act; and (e) having committed the crime again during the period of repeated crime

The grounds for sentencing as seen earlier, Defendant’s age, character and environment, relationship to victims, motive and means of crime, and circumstances after the crime are committed.

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