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(영문) 부산고등법원 2015.03.19 2014노911

폭행등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the defendant's case, the defendant and the person requesting an attachment order (hereinafter "the defendant") claim that the defendant's and the person requesting an attachment order (hereinafter "the defendant") claim that the defendant's punishment imposed by the court below (three years of imprisonment, one seized log (Evidence No. 1), each confiscation, information disclosure, and notification three years, and 80 hours of completion of the sexual assault treatment program) are too unreasonable, and that the prosecutor is too uneasible and unfair.

B. As to the attachment order of an electronic tracking device for 6 years, the lower court asserted that the lower court’s ordering the Defendant to attach an electronic tracking device is unreasonable despite the absence of risk of recidivism, and that the prosecutor’s order is too short of the aforementioned attachment period.

2. Determination

A. Examining the various sentencing conditions in the part of the Defendant case, the sentencing factors in the instant case are as follows: (a) the Defendant has led to the confession of all of the instant crimes and his mistake in depth; and (b) there is no history of having been sentenced to the sentence.

On the other hand, each of the crimes of this case committed against the defendant, on the ground that the defendant, who is a male juvenile who is merely 15 years of age, tried the victim at the heart on the ground that the victim, who is a male juvenile who is merely 15 years of age, escaped and escaped, was frightening so that the victim, who was sentenced to suspended sentence for 3 years of imprisonment, was frightening so that he was unable to resist, and then placed his sexual organ into the victim's entrance and did about 10 minutes of them. In light of the victim's age, time and place of the crime, the crime was very bad, and the crime was committed in Busan District Court on July 11, 2008. The defendant did not know that he had been punished for the same crime, such as violation of the Act on the Protection of Juveniles from Sexual Abuse, which was sentenced to suspended sentence for 5 years of imprisonment, and without being aware of it.