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(영문) 광주고등법원 2013.04.04 2013노4

강제추행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant");

A. When the lower court’s sentence of unfair sentencing (eight months of imprisonment) becomes final and conclusive, the sentence of a suspended sentence of imprisonment (two years of a suspended sentence for one year) is invalidated, and the sentence of the lower court’s punishment is too unreasonable in view of the fact that the instant crime was committed because it failed to receive proper treatment of impulses and disorders, etc.

B. It is unreasonable for the court below to accept a prosecutor's request for an attachment order even though there is no risk of recidivism and recidivism of sexual crime if the shock disorder of the defendant's impulse that is improper to attach an attachment order is improved.

2. Determination

A. As to the assertion on unfair sentencing, the crime of this case is a condition for sentencing favorable to the defendant, such as: (a) the defendant mets bucks, etc. of the victims by hand, and did not assault or threaten the victims separately by means of flight; (b) the defendant led to the instant crime; (c) the defendant led to the confession of the crime of this case; and (d) the defendant was disabled due to allebs, etc.; and (c) the defendant was

However, the victims of the crime of this case are minors 19 years of age or under 19 years of age, and the defendant seems to have suffered a considerable mental or physical shock due to the defendant's act, and the defendant was sent to the Juvenile Department at the Seocheon Branch of the Gwangju District Court on June 23, 2011 as the same case, and the above court was sentenced to two years of suspended execution and lecture for sexual assault treatment, etc. on September 6, 2012, and the above court was sentenced to two years of suspended execution and lecture for sexual assault treatment during the suspended execution period, and the defendant committed the crime of this case again during the suspended execution period. Although the defendant argued that he was shock disorder in the trial, and that he committed the crime of this case by the court below and the investigative agency, the defendant was provided with the symptoms of this case.

(b).