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(영문) 대전고등법원 2013.12.23 2013노477
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing (three years of imprisonment, four years of suspended execution) on the part of the Defendant’s case is deemed to be too uncomfortable.

B. The lower court dismissed the Defendant’s request for attachment order against the person against whom the attachment order was requested (hereinafter “the Defendant”), on the ground that the Defendant and the person against whom the attachment order was requested (hereinafter “the Defendant”), but the Defendant’s sentence should be sentenced, and it is unreasonable to dismiss the request for attachment order

2. The crime of this case regarding the part of the defendant's case is a sex offense against the aged child or juvenile, which may seriously affect the formation of the sexual identity and emotional development of the victimized child, the victims want to punish the defendant, and the defendant has committed a similar crime over four times. In light of the fact that the defendant repeatedly committed a similar crime, it is necessary to punish the defendant strictly.

However, considering the fact that the defendant generally recognizes the crime of this case and reflects the mistake, that the defendant has no record of punishment for the same kind of crime, that the degree of tangible force inflicted upon the victims is relatively excessive, that some of the victims' protectors are not subject to punishment against the defendant, and that the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, it is not determined that the punishment of the court below is too unreasonable.

Therefore, the prosecutor's argument about the defendant's case cannot be accepted.

3. An attachment order under Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, inasmuch as the court below’s sentence of suspended execution is to be maintained, as seen earlier, prior to the judgment on the part regarding the case for which the attachment order is applied.

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