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(영문) 광주고등법원 (전주) 2014.01.14 2013노241

아동ㆍ청소년의성보호에관한법률위반(강제추행)

Text

Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to medical treatment and custody and the person subject to a request for attachment order (hereinafter referred to as “defendants”). Considering the various sentencing conditions of the defense counsel’s written opinion submitted on January 2, 2014 after the expiration of the period for submitting the statement of grounds for appeal, the lower court’s punishment against the Defendant is too unreasonable (one year of imprisonment, etc.).

B. A prosecutor 1) Taking into account the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order even if the Defendant’s assertion on the attachment order is recognized as the risk of repeating

2. Determination

A. The part of the defendant's case (with regard to the assertion of unfair sentencing by the defendant and the prosecutor) committed the crime of this case in a state that the defendant committed the crime of this case without being aware of the nature of the crime as an indecent act by force of the victim who is a juvenile under the age of 14; the defendant committed the crime of this case without being aware of the fact that the defendant committed the crime of this case despite the suspended execution period; and the mental shock and pain of the victim caused by the crime of this case seems not to be small; and the defendant committed the crime of this case in a state that he lacks the ability to discern things or make decisions due to mental retardation disorder with the disabled of grade 3 in mental retardation; the degree of indecent act of this case is relatively heavy; the defendant deposited considerable money for the victim; and the defendant deposited considerable money for the victim; the defendant's age, character and character, environment; the result of the crime of this case; and the circumstances after the crime of this case, etc., the court below's punishment against the defendant is recognized within the proper scope of sentencing.