logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.03.28 2018노4003
성폭력범죄의처벌등에관한특례법위반(성적목적다중이용장소침입)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (principal sentence: imprisonment with prison labor for a maximum of one year and six months, and a short of one year) is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. It is recognized that the judgment defendant led to the confession of and reflects on the instant crime, and that he/she would not repeat the crime.

However, in light of the fact that the Defendant committed a similar crime in 2015 and 2017 and had been subject to a protective disposition, but again committed the instant crime of the same kind, and the Defendant did not refrain from committing any act despite the commencement of an investigation by an investigative agency, and did illegal shooting by means of direct interview and interview, as well as the fact that it appears that there was considerable fear that the victims who had resided in a female's residence for the purpose of meeting their sexual desire were faced with the victim who had resided in the residence for the purpose of meeting their own sexual desire, it is necessary to take measures to have the Defendant undergo a sufficient character and behavior improvement education and edification program within the facility, as well as a severe punishment.

However, in full view of the fact that the family members of the defendant promising the protection and proper treatment of the defendant in the future, the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, circumstances before and after the crime of this case, and other various sentencing conditions as shown in the argument of this case, the sentence of the court below is appropriate, and it is not deemed unfair because the punishment is too somewhat less or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow