beta
(영문) 광주고등법원 (전주) 2013.12.10 2013노224

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., imprisonment and imprisonment with labor for not less than two years and six years, etc.) sentenced by the court below to the defendant and the person for whom the attachment order was requested (hereinafter referred to as "defendants") are deemed to be too uneasible and unfair.

B. The judgment of the court below that dismissed the defendant's request for an attachment order even if the defendant's risk of recidivism of sexual crimes is recognized is unfair.

2. Determination

A. As to the part of the Defendant case (an unfair form of punishment), the circumstance is acknowledged that the Defendant seems to be against his mistake when the Defendant was in the first instance, and that the Defendant’s tangible power and the degree of indecent act exercised by the victim is relatively minor, and that the Defendant’s side does not want the punishment of the Defendant under an agreement with the mother of the victim.

However, the crime of this case was committed on September 21, 200. The defendant was sentenced to imprisonment of five years with prison labor for the crime of rape injury, violation of the Act on the Punishment of Sexual Crimes and Protection of Victims (Rape, etc. in Relatives) on September 21, 200, and completed the execution of the sentence on September 21, 2007, and the victim was forced to leave the body of the victim in order to avoid it, and the victim continued to do so, and the victim was forced to do so, and the crime of this case was committed on September 21, 201. The crime of this case was committed on September 21, 200. The defendant was committed on September 21, 200. The defendant was committed on September 21, 2007. After the execution of the sentence was completed on September 21, 2007.