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(영문) 광주고등법원 2015.08.20 2015노311

추행약취미수등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (one year of imprisonment) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable that the court below, in violation of the attachment order, ordered the defendant to attach an electronic device for three years.

2. Determination

A. The following are the circumstances that the Defendant made a confession of the instant crime and reflects the depth of the instant crime, the instant crime was committed in an attempted attempt, the victim did not cause physical harm, and the degree of the power of use was not much serious.

However, considering the fact that the Defendant committed the instant crime even though he had the history of punishment for the same criminal act, and at the same time, intended to induce the Defendant to commit the instant crime for the purpose of committing an indecent act against the aged victim, the nature of the instant crime is inferior, the possibility of social criticism is very high, and the possibility of suffering from the instant crime appears to have been considerable mental shock, and other various sentencing conditions, such as the Defendant’s age, character and behavior, the background of the instant crime, and the circumstances after the instant crime, etc., are equally examined, it cannot be said that the lower court’s punishment is too unreasonable.

This part of the defendant's assertion is without merit.

B. The lower court held that the Defendant committed the instant crime again even after the execution of the instant punishment was completed on May 10, 2010, based on the following circumstances, which may be acknowledged by each evidence of the lower court, i.e.,: (a) the Defendant enticed a female victim under the age of 10 on four occasions on September 10, 208; and (b) sentenced the induced victim to two years of imprisonment for an indecent act by force on September 10, 208; and (c) the instant crime attempted to attract the female victim under the age of 8 who was walking on the way of the Defendant to report and commit an indecent act against the victim; and (d) the Defendant is also pathed with the same several methods.