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(영문) 부산고등법원 2016.02.03 2015노754
강제추행
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”) were under the influence of alcohol and physical weakness at the time of committing the instant crime.

2) The sentence of the lower court’s sentence (one year of imprisonment, etc.) against an unfair defendant in sentencing is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s sentence against the illegal Defendant is too uneasible and unfair.

2) It is unreasonable that the lower court dismissed the Defendant’s request for the attachment order of this case even if the Defendant’s rejection of the request for attachment order is found to pose a risk

2. Determination

A. In light of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant had weak ability to discern things or make decisions due to drinking at the time of the instant crime.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. As to the unlawful assertion of sentencing by the Defendant and the prosecutor, the crime of this case was committed by inducing the victim who had no awareness of being committed by the Defendant, and committed an indecent act by force, in light of the background and method of the crime, and the nature of the crime is not good, and the degree of indecent act or tangible power committed by the Defendant is not easy. The crime of this case was committed in spite of the victim’s considerable fear and sense of sexual shame, but did not recover damage, and the Defendant was sentenced to a fine for the same kind of sexual crime, and committed the crime of this case without being committed during the period of repeated crimes due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On the other hand, the fact that the defendant led to the crime of this case, and is deeply divided into his own mistake is favorable to the defendant.

The above circumstances and conditions are as follows.

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