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(영문) 부산고등법원 2016.11.03 2016노572

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”), (two years and six months of imprisonment, three years of suspended execution, and 120 hours of sexual assault treatment order), is deemed to be too uneasible and unfair.

B. It is improper for the court below to dismiss the defendant's request for attachment order even if the defendant's request for attachment order risks repeating a crime

2. Determination

A. We examine the part of the case of the defendant, and the crime of this case committed by the defendant, which was committed by the defendant, stated that all of the crimes of this case was committed by the defendant, and that the defendant was under the duty to protect the aged victim as a criminal of the autopsy, committed an indecent act by force over several occasions under the same circumstances as the facts stated in the judgment of the court below, and taken the body part of the victim by using a camera installed in a mobile phone. The crime of this case is not less vulnerable to the nature of the crime in light of the motive, circumstance, contents, means and method of the crime of this case, and the crime of this case committed by the defendant seems to have been under the influence of the victim at the time of forming sexual values and children due to the crime of this case. However, there are no extenuating circumstances such as that the defendant was under the view of both the crime of this case and was under the influence of his wrong character and behavior, the defendant's age, circumstance, motive and circumstance of the crime of this case, etc., and there is no reason to acknowledge the defendant's punishment as unfair after considering the circumstances and circumstances.

B. On the part of the request for attachment order, a prosecutor has committed a sexual crime against a person under the age of 19.