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(영문) 광주고등법원 (전주) 2015.11.10 2015노163
상습강제추행
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, 80 hours of orders to complete sexual assault treatment programs, and 3 years of orders to disclose personal information) against the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence in the part of the Defendant’s case is too unfilled and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant with the risk of re-offending the attachment order request.

2. We also examine the Defendant and the prosecutor’s assertion of unreasonable sentencing regarding the part of the Defendant case.

The crime of this case is an indecent act committed by the defendant against the married female at night, and the nature of the crime is not good, the defendant does not know even though he is under the suspension of execution due to the same criminal act, and the fact that the defendant does not reach an agreement with the victim E is an unfavorable circumstance to the defendant.

However, on the other hand, the fact that the defendant both led to the confession of the crime and made a mistake against the depth of the crime, and that the victim did not want the punishment against the defendant by agreement with the victim C during the trial, deposited a certain amount for the recovery of damage to the victim E, the judgment of this case becomes null and void after the judgment of this case becomes final and conclusive, the judgment of suspension of execution becomes void, the support of the young wife and the children who are born on the side, and the support of the child who is born on the side through alcohol treatment is not to be avoided again, shall be considered or favorable to the defendant.

In addition, considering all the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, and the scope of the recommended sentencing guidelines of the Supreme Court, since the sentence imposed by the court below against the defendant is deemed to be too unreasonable, the defendant's assertion of unfair sentencing is reasonable and unfair.

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