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(영문) 서울고등법원 2021.03.25 2020노2063
강제추행등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal and the person who requested an attachment order (hereinafter referred to as the "defendant") by Defendant 2, the lower court’s sentence (two years of imprisonment, etc.) is too unreasonable.

It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for three years, although the defendant does not pose a risk of recidivism of a sexual crime.

Although the cause of each of the crimes of this case is drinking, it is unreasonable for the court below to prohibit the going out during night hours (23:00:0:05:0) due to matters to be observed, and it is difficult to guarantee the implementation of the matters to be observed related to drinking.

In light of the fact that each of the instant crimes committed by the Defendant in the instant case by the Prosecutor (Sentencing and Restrictions on Employment) was committed in the course of being tried for the same kind of crime, the crime is not serious, and the risk of recidivism is likely to be committed, the sentence of the lower court is too weak and it is unreasonable to set employment

Although there is no special reason to not disclose the personal information of the defendant of the disclosure disclosure order, it is unfair for the court below to exempt the disclosure disclosure order from the disclosure disclosure notification order.

Considering the criminal history of the defendant's request for an attachment order (including improper period of program completion) and the risk of recidivism confirmed by a prior investigation, etc., it is improper for the court below to set the attachment order and order to complete the program in a short

Judgment

The crime of this case committed by the defendant in this case committed an indecent act against the victim B, D, or K at night in the public place, and invaded upon the victim L, N, or P's residence without any special reason, and theft of microphones in the singing room operated by the victim S, and the crime is not good in light of the frequency of the crime, method, circumstances, etc.

On October 19, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for larceny in Seoul Northern District Court for six months, and the judgment became final and conclusive on October 27, 2018, and was in the probation period, and was prosecuted on September 6, 2019 with Seoul Western District Court for compulsory indecent conduct.

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