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(영문) 서울고등법원 2013.06.14 2013노1390

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence on the part of the Defendant case is too unhued and unreasonable.

B. In the part of the case of the attachment order, the sentence of the attachment order shall be imposed to the defendant and the person for whom the attachment order is requested (hereinafter referred to as the "defendant") and the sentence of the suspended execution shall be imposed

It is necessary to issue an order to attach an electronic device within the scope of the probation period by ordering the probation.

2. Determination

A. In full view of the following: (a) the Defendant’s case part of the instant crime did not relatively heavy in the degree of indecent conduct; (b) the Defendant recognized his mistake and against himself; and (c) the Defendant was the primary offender; and (d) the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime; (b) the means and method of the crime; and (c) the circumstances before and after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable; and (d) the Prosecutor’s allegation in this part

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, a request for an attachment order shall be dismissed when a suspended sentence is imposed with respect to a specific crime case. As seen above, the lower court’s sentencing that sentenced the suspended sentence against the Defendant is not deemed unfair. Considering the content of the crime in this case, the background leading the Defendant to the crime, and the personal relationship between the Defendant and his/her father and his/her family members, such as where the Defendant resides together with his/her father and his/her family members, there is no need to issue an attachment order during the period of probation. Thus, the Prosecutor’

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.