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(영문) 부산고등법원 (창원) 2013.04.26 2012노385

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the first instance court on the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), is too unreasonable.

(b) It is unreasonable that the first instance court orders the defendant to disclose or notify personal information.

(c) It is unreasonable that the first instance court orders the accused to attach an electronic tracking device.

2. Determination

A. As to the assertion of unfair sentencing, it is recognized that there are favorable factors for sentencing, such as the defendant's recognition of his criminal act, his depth is divided, the investigative agency's self-determination, the support for the pregnant woman at Grade 6 with a delay disability, and the fact that there was no record of criminal punishment prior to the instant case.

However, even though the Defendant is in a position to specially protect the victim who is attending the public book as a person operating the public book room, the Defendant continuously committed a crime against the victim over 28 times a year and 8 months in order to meet his/her sexual desire by using it, and the nature of the crime is very poor. It is also recognized that the crime of this case was committed by the victim, even though he/she received a large mental shock and suffering from the crime of this case, it is not yet used by the victim and his/her guardian.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

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

B. As to the unlawful assertion of disclosure or notification order, the instant crime constitutes a sexual crime against a child or juvenile subject to disclosure order, and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, commits a sexual crime against a child or juvenile subject to disclosure order.