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(영문) 부산고등법원 2013.10.31 2013노435

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the Defendant’s case at the time of the instant case, the Defendant was under the influence of alcohol at the time of the instant case, and was in a state of mental and physical disability. In addition, the sentence (two years and six months of imprisonment, eight hours of sexual assault treatment programs, information disclosure, and notification three years of imprisonment), which was sentenced by the lower court, is too unreasonable.

B. As to the case of a request for attachment order, there is a risk that the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) may recommit a sexual crime.

2. Determination

A. According to the records on the defendant's argument of mental and physical disability, the defendant's judgment on the defendant's argument of mental and physical disability is found to have shown a sacrife by drinking 2 to 3 illness every day and thus, it is found that the defendant did not drink at the time of the crime of this case, and in light of the circumstances of indecent act by force, etc. by inducing the victim to the defendant's house at the time of the crime of this case, it does not seem that the defendant lacks the ability or decision-making ability to discern things under the influence of alcohol at the time of the crime of this case. Thus, the defendant's argument of mental and physical disability of this case is without merit. 2) The crime of this case in which the defendant and the prosecutor's argument of unfair sentencing are judged on the defendant's living in neighboring areas and committed an indecent act by inducing the victims who are children under the age of 6 to 7 years old, in light of the victim's age, relationship with the victims, and the details of the crime of this case.