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(영문) 부산지방법원 2017.07.14 2017노1123
강제추행등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment is recognized for the crime, the fact that the victim of the crime of forced indecent act and the victim of the crime of forced indecent act have been agreed smoothly, the police officers related to the crime of obstructing official duties do not want punishment, and the fact that there is no criminal record for

However, there is a need to strictly punish a crime of interference with the performance of official duties for the establishment of public authority and the protection of legal order, and the fact that the victim seems to have caused sexual humiliation and aggravation due to the crime of forced indecent act, etc. are disadvantageous to the defendant.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, in full view of all the sentencing conditions of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, etc. in the above circumstances, including the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, the method and consequence of the crime, and the circumstances after the crime, etc., the court below's sentence is too heavy or it cannot be deemed unfair because it is too harsh. Thus, the improper argument in sentencing of the defendant and the prosecutor is without merit (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Thus, the defendant asserts that the exemption from the duty of registering personal information is different.

In light of the contents, form, etc. of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”), it is reasonable that the court separately imposes the duty to submit personal information on the person subject to registration.

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