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(영문) 서울고등법원 2020.05.07 2020노135
성폭력범죄의처벌등에관한특례법위반(주거침입준강제추행)등
Text

Defendant

In addition, both appeal by the person against whom the probation order is requested and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court by the Defendant and the person requesting the probation order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentencing of the lower court on the grounds that the sentencing of unfair sentencing is too uneasible, and is unreasonable. 2) Even though there is a risk of recommitting sexual crimes, it is unreasonable that the lower court failed to issue an order to disclose information to the Defendant.

2. Determination on the part of the defendant's case

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case was committed by intrusion on the room, etc. occupied by the Defendant, and committed an indecent act against the said victims by taking advantage of the state of mental disorder of the victim D (name, leisure, 26 years of age) and the victim E (n, 21 years of age) and the victim E (n, 22 years of age). The victim J (n, 22 years of age), invaded upon the victim K (n, 23 years of age), and invaded upon the victim K's residence, which requires two-day medical treatment, and the above victim K was damaged by breaking a cell phone of 1.3 million won at the market price owned by the said victim K and damaged the above victim's cell phone at the bottom. The crime of this case was committed again during the period of suspension of execution even if the criminal records had been punished prior to the crime of this case, but the Defendant did not receive a letter of suspicion from the entire victims until the Defendant was just.

However, it appears that the Defendant recognized all the crimes of this case, and that the mistake is divided and reflected, the Defendant agreed with the victim D and E, the sentencing of the lower court is difficult to deem that the Defendant exceeded the reasonable scope of discretion, and the conditions of sentencing specified in the pleadings of this case, such as character and character of the Defendant, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are too heavy or too heavy even if considering all the circumstances alleged by the Defendant and the Prosecutor in the trial of this case.

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