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(영문) 대구고등법원 2014.11.20 2014노364

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case) At the time of the crime of this case, the defendant and the person requesting an attachment order (hereinafter "defendant")

(2) The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) was too unlimited and unfair. In so doing, the lower court did not err by misapprehending the legal doctrine on determining whether to distinguish things or make decisions.

B. It is unreasonable to order the defendant to attach an electronic tracking device for five years since the crime of this case in the part of the case where the attachment order is requested was committed under the influence of alcohol.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant can be found to have received medical treatment due to alcohol dependence, etc., but in light of the background leading up to the crime of this case, the defendant's attitude before and after the crime of this case, and the contents of dialogue between the defendant and the victim at the time of the crime of this case, it is not deemed that the defendant had weak ability to discern things or make decisions under the influence of alcohol.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unreasonable sentencing, the instant crime was committed by the Defendant as an indecent act by compulsion of a female juvenile, and the type of force used during the crime is not limited, and the Defendant’s mistake is divided into one’s own mistake and does not repeat the crime.

However, prior to the crime of this case, the Defendant has been punished two times for the crime of indecent act by compulsion. In particular, the crime of this case was committed on ten months after the Defendant was sentenced to a suspended sentence of three years for the crime of indecent act by compulsion and was committed only seven days from the date of the sentence; the victim was punished against the Defendant; the Defendant’s age, character and behavior, environment, and motive, means and means of the crime of this case.