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(영문) 서울고등법원 (춘천) 2014.12.03 2014노194

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

As to the punishment (two years and six months of imprisonment and three years of suspended execution) sentenced by the first instance court to the defendant and the person subject to the request for the attachment order (hereinafter referred to as the "defendant"), the defendant asserts that it is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

Judgment

Examining various sentencing conditions in the records, such as circumstances in favor of the defendant, such as the victim's sexual organ, which has not yet established the sexual identity and values at a bath, and the nature of the crime and the criminal situation of the victim's sexual organ, immediately after the crime was committed, there is no light that the investigative agency completely denied the victim's criminal act from the investigative agency to the court of the court below, and rather, there is no light that the victim's own criminal act is divided into truth, such as the victim's abnormal mental suffering, the victim's punishment is being sought, etc., and the degree of adverse circumstances and indecent act is not significantly heavy, such as the victim's sexual organ, etc., the victim's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is difficult to reverse or reverse the judgment below to the extent that the jury's opinion presented within the sentencing guidelines is too unreasonable.

In a case where a public prosecutor filed an appeal against the defendant regarding the part regarding the claim for attachment order, it shall be deemed that an appeal has been filed as to the claim for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, but it shall not include the prosecutor’s petition of appeal or the grounds of appeal and shall not include the grounds of appeal.