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(영문) 광주고등법원 (전주) 2015.07.07 2015노96
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, three years of suspended execution, three years of probation, three years of probation, 40 hours of order to attend a lecture, community service, 80 hours of imprisonment) is too uneasible and unreasonable.

B. It is unreasonable for the court below to impose an order to disclose or notify personal information on the defendant, although the disadvantage and side effect of the defendant due to unfair disclosure or notification of exemption from disclosure or notification order cannot be more likely than the profit and preventive effect expected from such disclosure or notification order.

2. Determination:

A. The instant crime on the assertion of unfair sentencing is likely to be committed by the Defendant on the ground that, as if the Defendant had completed the day of the instant crime of delivery, the Defendant did not intrude the victim’s house without permission, and did an indecent act on the victim’s house, and thus, the nature of the crime is not good. Accordingly, the victim seems to have been exposed to a big mental impulse. The Defendant stated at an investigative agency that, at the time of the instant crime, a female would have been married at the time of the instant crime, he was thought to have been rape (as the investigation record, the 33th, 119th and the 119th day of the investigation record), there was a possibility that the Defendant would have actually committed rape with the victim, who could not have a cleaning agent if he was unable to get the victim, and the Defendant had already been punished by a fine (as the crime of a sex crime, etc.) in consideration of the fact that the Defendant took a cell phone image of a female woman waiting to board an apartment elevator on August 2014, and again took it against the Defendant’s punishment of sexual crime (25).

However, the defendant has committed the crime of this case, and the victim has submitted a written application of carbon that the defendant led to the confession of the crime of this case and reflects against the defendant, and the victim has committed the defendant.

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