(영문) 부산고등법원 2015.10.15 2015노468 | 리걸엔진

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(영문) 부산고등법원 2015.10.15 2015노468

강제추행치상

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the punishment imposed by the lower court (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, it is unreasonable for the lower court to not only deny the sentence so far as it is too unfasible, but also exempt the disclosure notification order.

2. Examining the various sentencing conditions in the instant case, the instant crime was committed by the Defendant, following the victim, who did not have any one-way way to work in the apartment door on the new wall, committed an indecent act against the victim and inflicted bodily injury on the victim in the process of committing the instant crime. In light of the background of the crime, the planning of the method, and the interviewability, etc., the nature of the crime and the criminal circumstances are very poor, heavy, and the victim continues to commit the instant crime even though the victim resisted and resisted, and the victim seems to have suffered considerable mental or physical shock and pain due to the instant crime. Nevertheless, the Defendant did not receive a letter from the victim, etc., which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant was committing the crime of this case, and the defendant was showing a realizing and reflecting his mistake in depth, and that he was the first offender is favorable to the defendant.

In addition, considering the motive and background of the instant crime, results, the circumstances before and after the instant crime, Defendant’s age, character and conduct, environment, and family relationship, etc., as seen above, the lower court appears to have sentenced two years and six months, etc. to the lower limit of the recommended sentence set in the sentencing guidelines (two years to four years), and there are no special circumstances or changes in circumstances that may change the sentence of the lower court in the trial.

유사 판례

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