아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentence against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
2. Determination
A. Although the degree of indecent act is relatively weak because the defendant committed the instant crime in a drunken state while under the influence of alcohol and did not directly contact the body of the victim, the defendant was sentenced four times due to forced indecent act and attempted rape committed against the child or youth, etc. However, since the defendant was sentenced four times and attached the location tracking device for the crime, he/she committed an indecent act against the child or youth, etc., and the crime is not good and distorted as he/she thought only as a means of meeting sexual desire, such as committing indecent act against the aged child or youth, and it seems that the mental impulse and sense of shame suffered from the defendant who did not have awareness of the victim seems to have considerable sense of sense of shame and sense of shame caused by the indecent act by the victim from the defendant who did not have awareness of the crime. Considering that the defendant's age, sex, environment, circumstances of the instant crime, and circumstances after the instant crime are too unreasonable, the court below should comprehensively consider various conditions of sentencing.
B. As long as the Defendant filed an appeal against the Defendant case, the part of the attachment order case is deemed to have filed an appeal regarding the case pertaining to the attachment order pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., however, the Defendant’s petition of appeal and the reasoning of appeal submitted by him/her are not indicated in the grounds for reversal even if ex officio examination is not required.
3. The appeal by the defendant is without merit, and thus, Article 364(4) of the Criminal Procedure Act and the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices.