(영문) 대구고등법원 2016.02.16 2015노618 | 리걸엔진

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(영문) 대구고등법원 2016.02.16 2015노618

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)

Text

1. The part of the judgment below on the defendant is reversed.

2. The defendant shall be punished by imprisonment for a period of four and a half years;

3. The defendant.

Reasons

1. As to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order was filed, the lower court did not have any interest in appeal regarding the part on which the request for attachment order was filed.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of

2. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

3. The instant crime was committed against a female student who was under 8 years of age in Taekwondo, he operated by the Defendant, by force over five times, and is not very good in light of the method and content of the instant crime.

The victims of the age age at the time of forming a sound sexual values and self-help are suffering from very large mental impulses and confusions due to the instant crime, and such mental impulses and confusions are likely to be a major obstacle to the growth of the victims into a sound social person in the future.

Based on the trust of the defendant, the parents of the victim, who had been in charge of the victim's guidance, wanted to be punished against the defendant by a huge mental impulse.

On the other hand, the Defendant, who had no record of criminal punishment before committing the instant crime, has been aware of all the instant crimes, and is seriously against his mistake.

Although the defendant did not receive a letter from the victim or his parents, he deposited KRW 20 million in the court below for the victim as part of the victim's effort to recover damage, and additionally added KRW 10 million in the court below.

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

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