성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
1. The part of the judgment below on the defendant is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
. against the Defendant.
The punishment (three years and six months) sentenced by the court below to the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") on the summary of the grounds for appeal is too unreasonable.
The improper defendant of the disclosure order of personal information violates his/her mistake, and does not drink for alcohol treatment after returning to society.
Considering the fact that the risk of recidivism is low, it is unfair that the court below ordered the defendant to disclose and notify personal information for a period of five years.
When considering the fact that the defendant's risk of recidivism in the part of the claim for attachment order is low, it is also unfair that the court below ordered the defendant to attach a location tracking device for a period of six years.
Judgment
The Defendant committed the instant crime with respect to the part of the instant case against the Defendant: (a) committed an indecent act by committing an indecent act against one of the victims who possess their belongings after having knee and breast at a sperm in a neighborhood park in which many unspecified people use; and (b) committed an indecent act in a similar way with the victim’s age, such as the content of the instant crime and the age of the victims, etc., are considerably good in view of the contents of the crime.
In light of the contents of the instant crime and the response of the victims immediately after the instant crime, the victims seem to have been suffering from considerable mental impulses and pains due to the Defendant’s crime, and such shocks and pains are expected not to be easily cured when considering the age of the victims.
Moreover, on January 6, 2014, the Defendant was sentenced to imprisonment with prison labor for two years and six months on the charge of indecent conduct against a female under the age of 11 from the Incheon District Court Branch Branch of the Incheon District Court on the charge of coercioning the female under the age of 11, and was finally sentenced to a suspended sentence of three years and six months, but he is now under the age of the Defendant.