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(영문) 서울고등법원 2013.12.20 2013노3277

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an order to attach an electronic device (hereinafter “Defendant”) did not commit indecent acts by compulsion of facts against the victims. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. Prosecutor 1) The lower court’s sentence is unreasonable as it is too uneasible and unfair. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case, despite the risk of recidivism.

2. Determination

A. The lower court rejected the judgment on the Defendant’s assertion of mistake of facts in detail under the title “determination on the Defendant and his defense counsel’s assertion” in the said judgment, on the grounds that the Defendant had the same assertion as the grounds for appeal in this part.

Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is justified.

Therefore, this part of the defendant's argument is without merit.

B. The crime of this case against the Defendant and the prosecutor’s assertion of unfair sentencing is an unfavorable circumstance against the Defendant, such as: (a) the Defendant forced the victim D, who is a female child under the age of 10, forced the Defendant to leave her chest, etc.; (b) unfolded the victim F; and (c) indecent act by compulsion of the victims by compulsion; (b) the victims were many victims due to the crime of this case; (c) the victims appeared to have suffered considerable mental shock; (d) the victims appeared to have suffered considerable mental shock; and (e) the Defendant denied the criminal act; and (e) the Defendant did not recover from damage.

On the other hand, it appears that the defendant committed the crime of this case in a state that he did not have any criminal power, and the defendant seems to have committed the crime of this case in a state that he did not have the ability to discern things or make decisions under the influence of alcohol.