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(영문) 대전고등법원 2016.09.23 2016노162

추행유인등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty, the attachment order case, and the protective observation order case, and only the Defendant appealed.

Therefore, the part of the case of the attachment order and the case of the protective observation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders as there is no benefit in appeal.

2. Summary of grounds for appeal;

A. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too heavy.

B. There are special circumstances in which a criminal defendant may not disclose personal information.

The disclosure and notification order determined by the court below is unfair because it falls under “where it is determined”.

3. Determination

A. The instant crime of determining the illegality of sentencing is committed by inducing the victim, who is only five years of age, to take the victim into an stamp, who is a factory room without any reason, and following the crime of this case, the victim met the victim's sound book, kisc on the victim's entrance, and made the victim kisc on the victim's sexual flag, and the victim was in the circumstances before the victim, and the degree of indecent act is very serious in light of the background and method of drilling and the age of the victim.

The nature of the crime is also very poor.

As a result, mental impulses suffered by victims and their families are very significant, and the parents of victims are not able to use the defendants while complaining for a serious penalty against the defendants up to the trial of the parties.

Although there is no history of sex offense against the defendant, the defendant moves his residence after this case, and the defendant delivered a considerable amount of money under the name of compensation for damage to the victim's parents through the victim attorney-at-law immediately before the decision was rendered, the defendant submitted a statement of reflection to the majority, and is divided into a truth.

However, it is between them.