성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. If the defendant and the respondent for an attachment order have appealed against a prosecuted case, it is deemed that the defendant also appealed against the request for attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, the court below found the defendant guilty and dismissed the prosecutor's request for an attachment order. Thus, the defendant has no interest in appeal regarding the part of the attachment order case.
The sentence imposed by the court below on the defendant and the person whom the attachment order was requested (hereinafter referred to as the "defendant") (hereinafter referred to as the "defendant") is too unreasonable.
B. Prosecutor 1) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order, even though the Defendant committed a sexual crime against a person under the age of 19 on the part of the Defendant’s case, and the Defendant’s request for attachment order was highly likely to recommit a sexual crime in light of the background of the crime, environment, character and conduct, etc.
2. We also examine the judgment on the grounds of appeal as to the part of the defendant's case and the prosecutor's allegation of unreasonable sentencing.
The crime of this case is an indecent act committed by the defendant by using the sound mind of the victim who is female 8 years old or older in the elevator where the defendant was sealed, and it is not easy that the crime of this case is committed against the child who needs social interest and protection because it is vulnerable to sexual crimes, and it is not easy that the crime of this case is committed against the defendant, and since the defendant committed the crime of this case without being aware of it even though it is a repeated crime period due to the crime of this type, it is necessary to bear the corresponding responsibility against the defendant
On the other hand, the defendant shows his attitude to repent and reflect his mistake in depth, the degree of tangible power exercised by the victim is relatively much more severe, and the victim side agrees with the victim's father.