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(영문) 대전고등법원 (청주) 2018.04.19 2017노187
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the completion of a sexual assault treatment program for two years and six months and forty hours of imprisonment) is too uneased and unreasonable.

2. The Defendant, while under the suspension of execution, committed an indecent act by force against the victim who was in a state of unbrupted by intrusion upon the victim’s residence at night without being aware of the fact that the crime was committed, and the relation with the victim is deemed to be poor and highly likely to be criticized.

The victim seems to have caused a considerable sense of sexual humiliation due to the instant crime.

The defendant did not peep into a situation where he has made a serious effort to recover damage up to now, and did not receive a straw from the damaged person.

However, the fact that the defendant is fully aware of the crime of this case and the degree of indecent act against the victim is significant.

It is difficult to see that the defendant has no criminal history of the same kind of crime, and there are some favorable circumstances for the defendant.

In full view of the circumstances revealed in the records and arguments, such as the background and motive leading up to each of the instant crimes, the circumstances after the commission of the crime, the Defendant’s age, sexual conduct, family relationship, environment, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no change in sentencing conditions that can be deemed unfair to maintain the sentencing of the lower court as it is.

Since the sentence of the court below is too uneasy so that it cannot be deemed unfair, the prosecutor's improper argument in sentencing is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

However, the following part of the judgment of the court below, which is obvious that any error or omission is clearly made, shall be corrected ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

Part 3 "The registration of personal information and the duty to submit personal information" following the end of "the application of the law" in Part 4: the facts constituting the crime against the defendant.

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