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(영문) 대구고등법원 2016.04.21 2015노580

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. However, for a period of three years from the date this ruling becomes final and conclusive.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request for attachment order was filed

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

3. Each of the instant crimes committed by the Defendant, who stolen the victim C’s clothes and swimming clothes, committed an indecent act against the Defendant on two occasions, and committed an indecent act against the Defendant, including the victim F, on seven occasions, on seven occasions. The crime’s quality is not less than that of the victim C.

On the other hand, the defendant recognized all crimes from the investigation stage, and tried not to repeat the crimes.

The defendant is a young person of 19 years of age who has not been subject to criminal punishment so far, and has lived faithfully in schools and workplaces.

The defendant received a letter in agreement with the victim C and the victim, and the guardian of the victimized juvenile also submitted the application to the defendant.

T physician in the treatment and custody center has symptoms of "a certain impossible habit and impulse disorder", and "a woman's property attachment" to the defendant.

The diagnosis was conducted, and the psychological symptoms do not seem to have a significant impact on the defendant's committing each of the crimes in this case, although they were not evaluated as mental and physical weakness.

Defendant 1 was treated as to the above symptoms

There are many things.

In addition, the defendant-appellant.