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(영문) 부산고등법원 (창원) 2017.06.28 2017노92
강제추행
Text

The judgment of the court below is reversed.

The defendant, the person who requested the attachment order and the person who requested the attachment order shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant, the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the order to observe the protective order (hereinafter referred to as the "defendant") (one year of imprisonment, and 80 hours of order) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.

B) It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that would not disclose or notify the Defendant’s personal information.

2) It is unreasonable for the court below to dismiss the request for the attachment order and the request for the protective observation order of this case even though the defendant has a risk of recommitting a sexual crime.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined the facts charged and the reasons for requesting an attachment order ex officio before the judgment on the grounds for the appeal, and the prosecutor committed the offense against the defendant in question "indecent conduct" in the applicable law as "violation of Special Act on the Punishment, etc. of Sexual Crimes (or by any occupational force, etc.)". "Articles 298, 37, and 38 of the Criminal Act" are amended as "Article 10 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 37, and 38 of the Criminal Act", and applied law as "each victim is requested to amend a bill of amendment to the facts charged and the reasons for requesting an attachment order as follows. Since this court permitted this, the judgment of the court below was modified by this court prior to the amendment of the corresponding part of the case and the corresponding part of the case claiming the attachment order, the first head, after the amendment, had tried to commit an indecent act by using that victims cannot refuse his own action

By taking advantage of the fact that victims cannot refuse their own actions, they will commit indecent acts by deceptive means or by force against victims under their protection and supervision.

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