성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The defendant's appeal is dismissed.
1. Notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the Defendant and the part of the case of the attachment order, on which only the Defendant appealed, and as such, the part of the case of the attachment order did not have any interest in appeal, the lower court excluded this part from the scope of this court’s judgment.
2. Summary of grounds for appeal;
A. The Defendant is merely making physical contact to the victims at the level of pro-friendly identification, and there was no intention to commit an indecent act.
B. The sentence sentenced by the lower court (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.
(c)
The court below's order to disclose and notify the defendant's information for a period of three years, even though there are special circumstances that may not disclose the personal information of the defendant in violation of the disclosure and notification order.
3. Determination
A. The Defendant asserted that there was no intention to commit an indecent act in the lower court even at the time of the lower judgment. However, the lower court rejected the said assertion on the following grounds: (a) comprehensively taking account of the Defendant’s age and relationship, the form of act and contact with the victims, the emotional sentiment of the victims who sawd at the time of committing the crime, and the response and attitude of the victims; (b) each act of the Defendant objectively causes sexual humiliation or aversion to the general public; and (c) it infringes on the victim’s sexual freedom as an act contrary to good sexual moral sense; and (d) it also
The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, namely, the victims are visitors to purchase the convenience store operated by the defendant, and they are transferred to the crime of this case.