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(영문) 부산고등법원 2014.09.24 2014노368
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, one year of probation, and 80 hours of taking sexual assault treatment lectures) is too uneasible and unreasonable.

B. It is unreasonable for the court below to impose an order to disclose and notify the personal information on the accused and the respondent for an attachment order (hereinafter “defendant”) in the absence of special circumstances that do not disclose and notify the personal information.

C. It is improper for the court below to dismiss the request for an attachment order to the effect that the defendant would pose a risk of repeating sexual crimes.

2. Determination

A. Part 1 of the case of this case on the assertion of unfair sentencing is that the crime of this case in question is committed on the basis of the victims who had been on the way at night by the defendant's own initiative and committed an indecent act on his chest by hand, and that the defendant did not receive a letter from the victim H, etc. However, the defendant's mistake is in depth while committing all the crime of this case, and the degree of the defendant's use of the crime of this case is relatively important; the defendant's attitude and the degree of indecent act is not relatively important; the defendant's consent with the victim E that the above victim wanted the defendant's wife; the defendant did not have any history of sexual crime; there was no history of sex offense; the defendant has no history of edification and improvement; the defendant has obvious relationship between his family members; the defendant's age, character and behavior, environment, circumstances after the crime of this case, and various conditions, and the defendant's subsequent sentencing guidelines are not open to the public, and thus, the prosecutor's allegation in this part of this case's sentencing guidelines and sentencing is not acceptable.

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