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(영문) 광주고등법원 2013.11.07 2013노393

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The judgment below

The part of the request for attachment order shall be reversed.

The location and tracking of the person against whom the attachment order is requested for three years.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In the part of the Defendant case, the sentence imposed by the lower court to the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”) (a notice of disclosure of information for two years and three years) is too unreasonable.

B. In light of the fact that the Defendant’s application for an attachment order was an initial criminal without any previous criminal record, the risk of recidivism at the level of “serious” is not high, and the degree of family protection or the reflectivity of the Defendant, the Defendant does not pose a risk of recommitting a sexual crime.

2. The judgment on the part of the defendant's case does not have any favorable circumstances for the defendant, such as that the defendant recognized all the facts constituting the crime and divided the errors, and that there was no criminal power and has been compensated for damage to some victims.

However, the crime of this case was committed by the Defendant’s indecent act against many unspecified young women on board the bus with the time to get off and off, which is not good, and the Defendant committed an indecent act against six victims in a short period of up to 12 times, as well as the Defendant committed an indecent act against the victim by inserting kbucks, or the degree of indecent act by inserting the victim’s sexual organ into the body of the victim, such as the victim’s age, character and behavior, environment, relationship with the victim, motive, means, consequence, etc., it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable in light of various sentencing conditions such as the Defendant’s age, character and behavior, environment, relationship with the victim, motive, means, consequence, and circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

3. Judgment on the part of the claim for attachment order

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

A prosecutor shall enter the facts constituting only the facts constituting the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse against the victim D (n, 15 years of age) and the victim L (n, 16 years of age).