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(영문) 대구고등법원 2017.08.10 2017노151

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The sentence that the court below sentenced to the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") (the imprisonment of four years, the completion of sexual assault treatment programs, the disclosure of personal information, and the notification four years) is improper.

The lower court found that there is a risk of repeating an attachment order.

It is unreasonable to order the defendant who is difficult to view to attach an electronic tracking device for six years.

Judgment

Examining the various sentencing conditions in the instant case regarding the unfair argument of sentencing, the fact that the Defendant appears to reflect the mistake while admitting the entire crime, that the victim does not want the punishment, and that the family members and the branch members appeal the preference is favorable to the Defendant.

Meanwhile, the crime of this case is committed three times during a period of about one year and six months by means of water, such as the defendant's birth at home, which is only six-seven years of age from home, and commits an indecent act on three occasions. The crime of this case is committed in light of the nature and method of the crime, frequency, age of the victim, relationship with the victim, etc., and the crime of this case, and the crime is bad and bad, and the defendant needs to take strict responsibility as the object of satisfying sexual desire without disregarding the responsibility to protect and rear the victim. Accordingly, the victim is suffering from considerable mental pain and sense of sexual shame in the future growth process, and the victim might also suffer negative impact on establishing sexual identity and value. The defendant was sentenced to three years of imprisonment with prison labor at the Daegu High Court on November 10, 201, which is the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which is disadvantageous to the defendant on December 2, 2013.

As above, the defendant's age is different from the sentencing factors favorable or unfavorable to the defendant.