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(영문) 광주고등법원 2012.12.06 2012노456
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

The defendant is 40 hours of sexual assault therapy.

Reasons

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the sentence imposed by the lower court to the Defendant and the person to whom the attachment order was requested (hereinafter “the Defendant”), (three years of imprisonment, forty hours of attendance order, and five years of disclosure notification order), is too unfluent and unreasonable.

B. The period of the attachment order (five years) of the lower court on the part of the attachment order case is too short and unfair.

2. Determination

A. In light of the fact that the instant crime on the part of the Defendant’s case committed an indecent act by inducing the victim, who is a child playing in the playground, and thus, the nature of the instant crime is very serious; the Defendant repeated the instant crime without being aware of the past record of having been punished twice due to the same kind of crime; the Defendant’s crime appears to have been committed with considerable mental impulse but did not take any measures to recover damage; and the Defendant did not seem to have been able to repent by denying his own criminal act until the lower court rendered the lower judgment.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, family environment, motive and circumstance of the offense, means and method of the offense, and circumstances after the offense, etc., the lower court’s sentencing is too uncomfortable and unreasonable, and thus, the Prosecutor’s allegation in this part is without merit.

B. Article 9(1)2 of the Act on the Electronic Monitoring, Etc. of Specific Criminal Offenders provides ex officio prior to the prosecutor’s judgment on the grounds for appeal regarding the part of the case regarding an attachment order (ex officio determination) and the period of attachment for a specific crime, the minimum sentence of statutory penalty for which is imprisonment for a term of not less than three years, is three years but not more than 20 years, and the same shall apply.

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