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(영문) 광주고등법원 2014.04.10 2014노13
강제추행치상등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (two years and six months of imprisonment, and completion of 120 hours of sexual assault treatment programs) is too unreasonable.

Judgment

In a case where the result of the indecent act by compulsion at the time of a judgment on the scope of recommendation according to the sentencing guidelines results in a sex crime group (determination of type), and the result of injury, whether the reduction element of punishment [special multiple persons] among the injuries at least 13 years of age is [the scope of recommendation] reduced area, the crime of indecent act by compulsion at the time of a judgment on the reduction area of punishment [the range of punishment] reduced area, the general standard, the crime of indecent act by compulsion at the time of a judgment on the reduction area from 2 years to 4 years from 13 years from 13 years to 1 year from 2 years from 6 months from 1 year to 4 years from 1 year from 2 years of imprisonment [the scope of recommendation] reduced, the defendant's judgment on the reduction area of punishment was made to the female passenger's body during 20 years from 20 years to 20 years from 20 years from 3 years from 3 years to 4 years from 3 years from 3 years to 4 years from 3 years from 2.

The above crime committed by the defendant seems to have suffered serious mental impulse and physical pain, etc. is an unfavorable sentencing factor.

However, all of the facts charged of this case are favorable sentencing factors, such as the fact that the defendant all of the facts charged of this case is recognized, the degree of injury of the victim H is not more severe, the fact that the victims agreed with both parties, and the fact that the defendant would not repeat a crime by reflecting his mistake.

In addition, the sentencing committee for various circumstances, which are conditions for sentencing, such as the character, conduct, environment, family relationship, motive, means and consequence of the crime.

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