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(영문) 광주고등법원 2013.08.29 2013노200

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. The sentence imposed by the court below on the defendant (the suspended sentence of three years in one year and six months in one year and six months, the disclosure and notification of information for four years in one year and four years in one year and six months in one year and six months)

B. It is improper for the court below to dismiss the request for an attachment order even if the defendant's improper rejection of the attachment order is recognized as a risk of recidivism.

2. Determination

A. Although the nature of the crime of this case is not good in determining unfair sentencing, the defendant committed the crime of this case in a state of mental disorder due to intellectual disorder, and the defendant did not have any record of punishment for sexual assault, in full view of all the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the court below's punishment is not deemed to be too unjustifiable, and thus, the prosecutor's allegation in this part is without merit.

B. The court below held that it is difficult to consider the defendant's age, character and conduct, dwelling, family relationship, claim assistance society report, etc. by ordering the defendant to be put under probation along with the suspended sentence, and considering the defendant's age, character and conduct, family relation, claim assistance, etc. The above judgment of the court below is just and acceptable after closely comparing the records of this case. The prosecutor's assertion on this part is without merit, since it is not unlawful as otherwise alleged by the prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.