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. Defendant and the respondent for an attachment order (hereinafter referred to as “Defendant”).
(Case of Defendant case) The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case 1) is too uneasible and unfair.
B) It is unreasonable for the lower court to exempt the Defendant from an employment restriction order. 2) It is unreasonable for the lower court to dismiss the Defendant’s request to attach an electronic tracking device (hereinafter “request to attach an electronic tracking device”) despite the risk of repeating sexual crimes.
2. Determination
A. As to the assertion of unfair sentencing by both Defendant case 1, the Defendant recognized the Defendant’s criminal act and goes against his depth, the victim F did not want the Defendant’s punishment, the Defendant did not have a serious tangible power in the course of each indecent act in this case, and the degree of indecent act was not significantly serious, etc. are favorable to the Defendant.
On the other hand, each of the crimes of this case is that the defendant committed each indecent act against female students of the age of 11 and 16, and committed each of the crimes of this case against those of the age of 16, and committed each of the crimes of this case against those of the age of 16, in light of the circumstances and contents of the crimes, etc., each of the crimes of this case was committed with heavy liability, and it appears that victims of the age of her feel a considerable sense of sexual humiliation and suffered emotional distress. In particular, it seems that the victims of the age of her sexual humiliation are likely to have a bad influence on the sound growth of the victims of the age of her age, the victim D and E did not receive a letter, and the defendant committed each of the crimes of this case committed two times before being sentenced to a fine for the same kind of crime and one year for which the first head of the crime of this case
The above circumstances and the Defendant’s age, character, conduct and environment, and the motive, means and consequence of each of the instant crimes, and the circumstances after the crime was committed.