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(영문) 서울고등법원 2016.01.14 2015노3096

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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Defendant

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

Reasons

The summary of the grounds for appeal (unfair sentencing) is unfair because the court below sentenced the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") to the defendant (hereinafter referred to as "defendant") to the defendant (three years of imprisonment).

Judgment

There are conditions favorable to the defendant, such as the fact that the defendant in the part of the case of the defendant is recognized to commit the crime of this case and is against the victim M, that the defendant agreed with the victim M, that there is no history of criminal punishment against the defendant, and that the defendant is receiving mental treatment.

However, the crime of this case was committed seven times in the short term by the defendant, which committed an indecent act against the victims including juveniles, and the crime of this case was extremely bad, and the victims suffered a huge mental impulse and sexual humiliation due to the crime of this case.

In light of the fact that there is no recovery from damage to the victims other than victims M, and that there is a record of the defendant's violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof within a short period on February 2005, the five times of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof (voluntary indecent act), the punishment of the first sexual crime and the violation of the Act on the Punishment of Victims Protection, etc. of Victims Thereof (voluntary indecent act) as a juvenile protection case, the defendant's punishment is too unreasonable because of the circumstances unfavorable to the defendant and other sentencing conditions shown in the records, such as the defendant's age, sexual behavior, environment, etc.

As long as the defendant filed an appeal against the defendant's case, it is deemed that the defendant filed an appeal against the claim for attachment order under Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., however, the defendant's petition of appeal and the reasons for appeal submitted by him/her are not stated in the grounds for reversal even after ex officio examination.