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(영문) 대구고등법원 2016.10.27 2016노436
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment for three years;

3.Provided, That this judgment shall not apply.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to

2. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

3. The instant crime was committed by the Defendant’s indecent act against an unspecified number of young women by forcing them to talk with the chests or fluor at a public place within a residential building or in a public place, and was committed against certain victims. In light of the background, period, frequency, etc. of the crime, the crime is not somewhat against the victim.

Accordingly, victims seem to have suffered a lot of sexual humiliation and mental impulses.

On the other hand, the defendant is attempting to commit a crime and is against the wrongness.

Defendant

As a result of demanding 16 victims to make a statement, the parties agreed with 13 victims, and the victims do not want the punishment of the defendants.

It seems that the adaptation disorder suffered by the defendant has caused the crime of this case.

Since the Defendant is an initial offender with no criminal power, and is a youth of the 20th half of that year, if the character and conduct is improved with the instant case, it seems that it still seems that it would become a sound member of this society.

The parents of the defendant will also deliver the defendant to the right way with interest in the future, and will be given a great attention to rehabilitation treatment.

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