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(영문) 대구고등법원 2020.02.13 2019노607
강제추행등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The lower court sentenced the Defendant’s case and the case claiming attachment order to order the attachment of an electronic device for five years, and dismissed the prosecutor’s request regarding the probation order case.

As the defendant and the person subject to the request for attachment order (hereinafter "defendant") have appealed to this, the part regarding the request for probation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as there is no benefit in appeal.

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, five years of disclosure and notification, and ten years of restriction on employment) is too unreasonable.

B. Since the part of the request for attachment order cannot be readily concluded to have high possibility of recidivism by the person subject to the request for attachment order, it is unreasonable for the lower court to order the attachment of an electronic tracking device for five years.

3. Determination

A. The Defendant’s determination of the instant case against the Defendant recognized the instant crime and against the mistake.

The type of force used by the defendant in the crime of indecent act by compulsion is not significant, and the victim does not want the punishment of the defendant in consultation with the victim E.

However, the crime of this case was committed by the defendant during the repeated period due to the crime of indecent act by compulsion, but the victim C, a woman, who first sees to sit in the side of the city bus, and threatened the victim E, who is a singker, with a knife, and the nature of the crime and the crime are heavy.

The defendant repeats the crime of indecent act by compulsion against unspecified women at public places such as bus and soup.

The victims were suffering from mental pain due to the crime of this case, and victims C did not take necessary measures to recover from damage.

The age, occupation, character and conduct, environment, and motive, means, results of the instant crime;

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