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(영문) 부산고등법원 2016.01.20 2015노518

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (one year of imprisonment, etc.) against the criminal defendant and the person who requested the attachment order (hereinafter “ criminal defendant”) is too unreasonable.

B. The lower court’s improper issuance of an attachment order to the Defendant for a location tracking device between 10 years and 10 years is too unfair.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case committed an act of similarity with the victim's sexual intercourse under the age of 13, took money into consideration, commits an indecent act on the side of the victim who is a child under the age of 13, committed an indecent act against the female who is entering the apartment house, attempted to commit rape, commit an act in the process, and attempted to commit an injury to some victims, committed an act at a place that is not far away from the residence of the defendant, and committed sexual violence repeatedly against the unspecified victims, and committed the crime. The victims of this case appear to have received a considerable sexual humiliation and mental impulse, but there are circumstances unfavorable to the defendant, such as that all of the crimes of this case are recognized by the court below and the court below, and that there is a conflict between the victim H and D in the trial, and that there is a concurrent relation between the crime of forced indecent act for which the judgment became final and the crime of this case should be considered together with the case of a concurrent crime under Article 37 of the Criminal Act.

shown in this chapter.

B. According to Article 9(1) and (2) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the period of the attachment order for each of the crimes of this case is between 10 and 45 years, and thus, the period of the attachment order for each of the crimes of this case is too long as the period of the attachment order for ten years as determined by the court below is unfair.