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(영문) 부산고등법원 2012.12.27 2012노583

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant case) The defendant and the person against whom the attachment order is requested (hereinafter the defendant)

(2) The lower court’s sentencing is too unreasonable because it is too unreasonable to have the sentencing of the lower court, under the influence of alcohol at the time of the instant crime.

B. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device to the defendant although the defendant does not have the risk of recidivism and recidivism of sexual crime.

2. Determination

A. According to the records of the judgment on the claim of unfair sentencing, although the defendant was in a drunken state at the time of the instant crime, in light of various circumstances, such as the background, means, and the defendant's behavior before and after the instant crime, which are acknowledged by the evidence adopted by the court below, the defendant cannot be deemed to have been in a state where the defendant was under the influence of alcohol at the time of the instant crime, and thus, the defendant did not have the ability to discern things or make decisions, and therefore, the above argument by the defendant is without merit. 2) The Defendant's crime of this case in determining unfair sentencing is an indecent act against many ages victims, and it is not good to the nature and circumstances of the crime in light of

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) made a confession of the instant crime; and (c) made the Defendant repent of his mistake in depth; (b) the degree of indecent act is relatively weak; and (c) the Defendant has no criminal record for the same kind of offense; and (d) the Defendant’s age, occupation, background leading to the instant case; and (c) the circumstances after the instant crime, etc., the sentence imposed by the

B. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in the part regarding the attachment order case, namely, the Defendant sent her her son during a short time against those children aged between 8 and 13.