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(영문) 대전고등법원 2013.03.27 2012노395

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

Defendant

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

Reasons

1. The gist of the grounds for appeal lies in the purport that the defendant and the person subject to an application for an attachment order (hereinafter referred to as the "defendant") are too unreasonable and unfair with respect to the punishment imposed by the court below (six years of imprisonment, six years of disclosure and notification, ten years of notification, and imposition of an attachment order) and the prosecutor is too unreasonable.

2. Determination

A. The court below's decision 1) part of the defendant's case is acknowledged that there is a need for severe punishment in consideration of the following: ① the defendant's act of indecent act committed by the defendant is severe and planned, ② the defendant committed the crime of this case, ② the defendant committed the crime of this case against the child even before the crime of this case, ③ the victims and their families seem to have been punished due to the crime of this case ③ the victims and their families are likely to have been punished with a considerable mental impulse; ④ the victims wanting to punish the defendant: Provided, That the court below sentenced a punishment as stated in the judgment of the court below in consideration of favorable circumstances to the defendant: ⑤ the defendant confessions all of the crimes and reflects his mistake in depth; ⑥ the defendant's mental health body (I Q63). 2) The court below committed the sexual crime of this case on the ground that the defendant was sentenced to a violation of the Act on the Protection of Juveniles from Sexual Abuse, and the defendant committed the sexual crime of this case on the ground that he committed the sexual crime of this case more than 16 years.

B. In full view of the following circumstances: the Defendant’s age, character and conduct, family environment, background of the crime, circumstances after the crime, and the Defendant’s record, etc., the conditions of sentencing as indicated in the instant pleadings, and all circumstances constituting the premise for the attachment of an electronic device for tracking location.