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(영문) 서울고등법원 2016.05.20 2016노697
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mentally and physically weak Defendant and the person requesting an attachment order (hereinafter “Defendant”) were in a physical and mental state under the influence of alcohol at the time of committing the instant crime.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

(c)

There are special circumstances to exempt the accused from disclosure disclosure disclosure disclosure order.

Even if it is not so, the period of disclosure notification order ordered by the court below is too long and unfair.

(d)

The lower court that ordered the Defendant to attach an electronic tracking device, although the Defendant was not likely to recommit a sexual crime, is unreasonable.

Even if it is not so, the period of attachment order ordered by the court below is too long and unfair.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, the fact that the defendant was in a drinking condition at the time of the crime of this case is recognized.

However, in light of various circumstances, such as the background, means, and the defendant’s conduct before and after the crime, which were duly adopted and examined by the court below, the defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

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

B. As to the unfair argument of sentencing, the fact that the defendant recognized and reflecteds the crime, and that the injured person wants to take the Defendant’s preference by agreement with the victim in the trial of the party, etc. is favorable to the defendant.

In light of the motive, circumstance, method, etc. of the crime of this case, the crime of this case, and the fact that the defendant committed the crime of this case without being aware of a specific violent crime even before the crime of this case, even though it was committed during the period of repeated crime, etc., is disadvantageous to the defendant.

In addition, the sentencing conditions, such as the defendant's age, sex, family relationship, occupation, and environment, are various circumstances.

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