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(영문) 부산고등법원 2013.07.03 2013노218
강제추행등
Text

The judgment below

The part of the defendant's case shall be reversed.

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

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case ( Both parties) asserts that the punishment imposed by the court below (one year of imprisonment, 80 hours of order to complete sexual assault treatment programs, 3 years of order to disclose and notify each of the above three years) is too unreasonable, and the defendant and the person requesting an attachment order (hereinafter "the defendant") asserts that the prosecutor is too unreasonable.

B. The lower court’s order to track the location of an electronic device for three years is unlawful even though the Defendant was not acknowledged to have the recidivism of sexual crimes and the risk of recidivism.

2. Determination

A. It is recognized that the defendant in the part of the defendant's case is all led to the confession of all of the crimes of this case, the defendant is living alone as a basic living beneficiary without dependents, the defendant repeated the crimes of this case under the influence of alcohol, and the defendant suffers pulmonary tuberculosis, and thus, it seems that proper treatment will be needed in the future.

However, each of the crimes of this case committed 12 times by force against the 11st victims, including the defendant's finding of a nearby wedding hall and demanding a change in the drinking value against the guests without giving money, obstructing the normal wedding business by inducing them to go on the way, or demanding their breasts to go on the way, and committing the crime of indecent act by force on the 11st victims, and the crime of indecent act by force is not easy in light of the circumstances of the crime, frequency of the crime, the number of crimes, and the Criminal Code. In order to attract marriage through the crime of interfering with the defendant's business, it seems that the victim's sexual act by force could interfere with the wedding business as well as that it might interfere with the funeral business.

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