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(영문) 대전고등법원 2015.01.30 2014노574
준강제추행등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order and a person subject to probation order and a prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (one year of imprisonment, two years of disclosure notification orders, two years of attachment orders) by the Defendant and the person subject to a probation order and the person subject to a request for a probation order (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. When the defendant and the prosecutor have filed an appeal against the accused case, it is deemed that they have filed an appeal regarding the case of the attachment order and the probation order pursuant to Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, each appellate brief or petition of appeal filed by the defendant and the prosecutor does not contain any direct reasons for appeal, and there is no reason for reversal ex officio.

In light of the fact that the criminal act of this case committed each of the crimes of this case by the defendant entering a soup room for sexual purposes and committing an indecent act on two occasions, it is very poor that the crime was committed by the defendant, each of the crimes of this case under similar Acts during the period of repeated crimes, not being aware of being sentenced to imprisonment in 2004 and 2005 as the same crime, suspension of execution of imprisonment in 2010, suspension of execution of imprisonment in 2012, and imprisonment in 2012, the prosecutor's assertion that the defendant needs to be punished strictly is reasonable.

However, in full view of all the sentencing factors indicated in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, relationship with victims, motive and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too too much to reverse it, the victims’ failure to immediately stop the crime in the process of each indecent act of the instant case, the victim’s failure to want punishment against the Defendant by mutual consent with the victim D, and the victim’s age, character and conduct, environment, family relationship, relationship with victims, motive and consequence of the crime, etc.

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