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(영문) 서울고등법원 2017.06.27 2017노161
강제추행등
Text

The judgment below

The defendant's appeal against the part of the case against the defendant is dismissed.

The judgment below

(2).

Reasons

The summary of the grounds for appeal is that the sentence (10 months of imprisonment) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

The court below's order to attach an electronic device is unfair because the defendant does not pose a risk of repeating a sexual crime on the part of the request for attachment order.

The fact that the defendant has no record of punishment for the judgment on the defendant's case, that the defendant has committed the crime of this case, that the defendant has deeply reflected his mistake while recognizing the crime of this case, that the victim does not want the punishment of the defendant by agreement with the victim, and that the relationship with his family is obvious clearly favorable to the defendant.

On the other hand, the defendant has two times of sexual assault, and the crime of this case is committed by the defendant's forced indecent act by force in a four-dimensional place because he gets away from the first female at the night, and the crime of this case is serious, and the victim seems to have suffered a large mental impulse with a considerable sense of sexual shame.

In full view of 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 sentencing guidelines according to the Supreme Court’s sentencing guidelines established by the Criminal Procedure Committee, the court below did not determine that the Defendant’s sentence against the Defendant is unreasonable.

Therefore, this part of the defendant's argument is without merit.

3. On December 16, 2005, the Defendant was sentenced to a suspended sentence of two years in one year and six months for a crime of bodily injury resulting from rape in the support of the Suwon Friwon, and a fine of five million won for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Seoul Western District Court on December 13, 2010.

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