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(영문) 부산고등법원 2014.02.06 2013노588

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal [the defendant and the person to whom the attachment order was requested (hereinafter referred to as the “defendants”)]

[] The sentence of the lower court (one year and six months of imprisonment, five years of the disclosure and notification order, and five years of the attachment order of an electronic tracking device) is too unreasonable.

2. Determination

A. The circumstances favorable to the Defendant are that the Defendant’s judgment on the instant case concerns all the instant crime and repents his mistake, and that the degree of each of the instant indecent acts by compulsion is not significant.

However, each of the crimes of this case is an indecent act by force by the defendant at a public place, such as a bank and subway station, etc., where the defendant committed a indecent act by compulsion of physical condition of female juveniles and women who are aged 13 and 15, such as the number of crimes, the frequency of crimes, the method and content of crimes, etc., which are not less complicated in light of the crime, and the criminal facts that the defendant induced female juveniles aged 13, in mind of preventing indecent act by force, one year of imprisonment with labor, two years of suspended sentence, and two years of suspended sentence, the victims appear to have suffered considerable mental shock in this case, and the victims did not receive correspondence from the victims up to the trial, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. As long as the defendant filed an appeal regarding the case of the attachment order, it is deemed that the appeal regarding the case of the attachment order has been filed in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, the defendant did not submit legitimate grounds for appeal regarding the attachment order case, and there is no reason to investigate and reverse this part ex officio.

3. According to the conclusion, the Defendant’s appeal is dismissed.