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(영문) 부산고등법원 2015.05.28 2015노174
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (three years of suspended sentence for two years of imprisonment, and forty hours of an order to attend a sexual assault treatment lecture) is too uneased and unreasonable.

2. Examining the various sentencing conditions in the instant case, each of the instant offenses is an indecent act committed by the Defendant by means of using the Defendant’s trust in his own reliance on the Defendant’s own reliance, such as viewing the film or drinking the chest of the victims who were locked. In light of the circumstances and content of the crime, the crime’s nature is inferior, and the victims appear to have suffered considerable mental shock, and the victim E wishes to punish the Defendant even up to the trial.

On the other hand, all of the crimes of this case were committed by the Defendant, and the Defendant appears to be in reflection of depth in mind, by mutual agreement with the victim F and H, the victims did not want the punishment of the Defendant, the degree of indecent act against the victim E was not severe, and the Defendant is the first offender who has no record of criminal punishment.

In light of the fact that the court below sentenced the defendant to a suspended sentence for a period of two years within the scope of the recommended punishment prescribed in the sentencing guidelines (two years to two years), comprehensively takes into account the defendant's age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., all of the sentencing conditions specified in the arguments in the instant case, including the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, it appears that even if the court imposed the defendant a suspended sentence of imprisonment, which added the attending the sexual assault treatment course, it would have sufficient special preventive effects. In addition, the court below's punishment belongs to the scope of the proper punishment according to the defendant's criminal liability.

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