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(영문) 서울고등법원 2013.09.06 2013노2376

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence on the part of the Defendant case is too unhued and unreasonable.

B. It is unreasonable to dismiss a prosecutor’s request for an attachment order even if the defendant and the respondent for the attachment order (hereinafter “defendant”) are found to pose a risk of repeating a sexual crime.

2. Determination

A. In full view of the following facts: (a) the part of the Defendant’s case recognized the Defendant’s mistake as a whole; (b) the degree of the type used by the Defendant is relatively strong; (c) the Defendant was the primary offender who has no criminal power; and (d) part of the victims do not want the Defendant’s punishment by agreement with the Defendant; and (d) other various sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for an attachment order shall be dismissed when a suspended sentence is imposed with respect to a specific crime case. As seen above, the lower court’s sentencing that sentenced the suspended sentence against the Defendant is not deemed unfair, and the need to order the Defendant to be put on probation is not recognized. Thus, the Prosecutor’s assertion on this part is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.