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(영문) 부산고등법원 (창원) 2016.03.23 2016노6
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the Defendant’s case and the case regarding the request for attachment order.

With respect to this case, only the defendant appealed, and there is no benefit in the appeal regarding the case of the request for attachment order, and notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the request for attachment order among the judgment of the court below shall be excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal clearly withdrawn all the remaining arguments on the grounds for appeal other than unfair sentencing on the date of the first trial of the first instance court.

The sentence (two years of imprisonment, 80 hours of order) sentenced by the court below against the defendant is too unreasonable.

3. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case as well as his mistake, the fact that the investigation agency voluntarily surrenders to the crime of this case, and the fact that the victim D and the victim C, who only agreed with the victim, submitted a written application that the victim and the victim would take the front of the defendant.

On the other hand, the defendant confirmed whether the crime of this case was committed in advance and tried to facilitate the escape, and returned the direction of CCTV. The defendant planned and implemented the crime very closely, such as laying the coffee gate up to the entrance, etc. The victim of the crime of this case is highly likely to be criticized as a female-friendly woman-friendly woman for about five years, and the victim seems to have suffered considerable mental shock due to the crime of this case. On June 30, 2004, the defendant was sentenced to 7 years of imprisonment with prison labor at Busan High Court for robbery, etc. and completed the execution of the punishment on October 15, 2014, after completion of the execution of the punishment, the defendant was sentenced to 1 year of imprisonment with prison labor and 3 years of suspended execution, and completed the sexual assault treatment program.

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