beta
(영문) 광주고등법원 2020.09.17 2020노203

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

Defendant

In addition, the appeal filed by the requester for medical treatment and custody and the requester for attachment order shall be dismissed.

Reasons

Summary of Grounds for Appeal

A. Although the Defendant and the requester for a medical treatment and custody and the respondent for an attachment order (hereinafter “Defendant”) committed an indecent act or sexual abuse, such as misconception of facts, the lower court erred by misapprehending the facts and thereby convicted all the charges of this case.

Furthermore, on the premise that the facts charged in the instant case are found guilty, the lower court’s order of medical treatment and custody and issuance of an order of disclosure and notification of personal information and an attachment order of an electronic tracking device is unreasonable.

B. The lower court’s sentencing is too unreasonable and unfair.

2. Determination

A. 1) According to the evidence duly admitted and examined by the court below, the court below found that the defendant committed sexual abuse against the victim G, J (a person under 13 years of age, and committed indecent act by force against the victim K, L, and D (a person under 13 years of age) as stated in the facts constituting the crime in the judgment, in full view of the following circumstances acknowledged by the investigation prior to the claim, the result of the defendant's mental appraisal, and other evidence admitted by the adopted evidence, on the ground that it is recognized that the defendant did not receive any sexual crime again if he did not receive any proper mental diagnosis, it is recognized that there is a danger of committing a sexual crime, and that there is a need to receive treatment at a medical treatment and custody facility, and that the defendant was placed under a medical treatment and custody facility for seven years, and ordered the defendant to attach an electronic tracking device for five years, and to disclose and notify the information of the defendant.

(1) On June 18, 2015, the Defendant was sentenced to a suspended sentence of one year by imprisonment with labor for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse at the Gwangju High Court, and the Gwangju District Court’s net support on January 10, 2019.