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(영문) 대전고등법원 2018.04.27 2018노57
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (unfair sentencing) is unfair because the Defendant’s (the completion of a sexual assault treatment program with imprisonment for a period of one year and six months and forty hours) is excessively unreasonable.

B. The lower court’s sentencing (unfair sentencing) is unreasonable as it is too unhued.

2. The Defendant committed an indecent act against the victims who are subordinate to the workplace for a long time. Considering the fact that the victims, including two disabled victims, were committed 18 times in total against seven victims, including about one year, and that the victims are expected to have suffered considerable mental distress due to the Defendant’s criminal act, it is necessary to impose strict liability corresponding to the Defendant.

However, in light of the fact that the defendant has committed a crime in the first instance and has not committed a second offense, there is no record of the crime except for those who have been sentenced once to a suspended sentence due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents without any previous conviction, the fact that the defendant has been in the first instance and has not want to be punished by the defendant due to the agreement with the victim G, H, and J during the first instance trial, the circumstances favorable to the defendant are taken into account. In addition, considering the defendant's age, career, sex, sex, environment, motive and background of the crime, and circumstances after the crime, the two kinds of punishment and similar cases committed against all of the sentencing factors specified in the arguments of this case, such as the defendant's age, career, sex behavior, environment, motive and circumstance after the crime,

B. The prosecutor's assertion that the circumstances unfavorable to the sentencing asserted by the prosecutor in the first instance trial, such as that the defendant habitually committed an indecent act against the victims as a subordinate of the workplace, and that due to such an act, the victims' mental damage is very great, are already determined in the original trial and sufficiently taken into account. The prosecutor's argument that the defendant's punishment against the defendant is too weak if considering changes in circumstances in the first instance trial.

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