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(영문) 부산고등법원 2016.01.13 2015노681
준강제추행
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (1) The sentence of the lower court’s sentence (10 months of imprisonment, etc.) against Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

2) In light of the fact that the Defendant’s failure to carry out a tree with a location tracking device is difficult, the lower court’s attachment order against the Defendant (three years) is inappropriate.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The Defendant’s part of the instant case is favorable to the Defendant, such as the fact that the Defendant led to confession and reflect on each of the instant crimes, and that the degree of indecent act on each of the instant crimes is not relatively much serious.

On the other hand, each of the crimes of this case is an indecent act committed by the victims using the victim's mental and physical loss or arbitrative condition by taking advantage of the victim's bodily and mental loss or arbitrative condition by taking the victim's sexual organ closely into account the body of the victims 19 years old who were set up at soup and soup. In light of the details and contents of the crime, the number of crimes and the age of the victims, etc., the crime is serious; the defendant committed each of the crimes of this case again after the execution of imprisonment of 1 year and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thie) and 20 days, and it is more likely that the defendant had committed the crimes of this case more likely to be subject to criticism; the victim had been tried to have suffered significant mental shock due to each of the crimes of this case; however, the victims could have suffered considerable sexual humiliation and have not been used from the victims.

In light of these circumstances and other conditions of sentencing as stipulated in Article 51 of the Criminal Act, and sentencing guidelines for the Supreme Court’s sentencing committee, the sentence of the court below is too heavy or it is not likely that the discretion of sentencing has been exceeded because it is unfluent.

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