logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.08.08 2019노1013
강제추행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case 1) is too uneasible and unfair.

B) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order of personal information, and the exemption order of employment restriction order. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of location tracking device (hereinafter “request for attachment order”) even though the Defendant is likely to repeat sexual crimes.

2. Determination

A. As to the assertion on unfair sentencing between the two parties of the defendant case, the court below decided a punishment by considering the circumstances favorable to the defendant, such as the confession of each of the crimes of this case by the defendant, the fact that the victims immediately after the victims made a confession, the fact that the victims did not have the same criminal record as the defendant, and that the defendant committed a crime against the victims working in the same extreme group, the degree of such indecent act is not less easy, the victims' resistance to the defendant's act or the problem is not easy, and it appears that the victims might have caused mental shock and humiliation suffered from each of the crimes of this case, and that the defendant did not receive a letter from the victims, taking into account the circumstances unfavorable to the defendant.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below until the trial is held.

In addition, considering the defendant's age, character and conduct, environment, family relations, criminal records, circumstances after the crime, and the result of the crime, the sentence of the court below cannot be deemed to be excessively or somewhat heavy beyond the reasonable scope of discretion.

arrow