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(영문) 서울고등법원 2015.05.21 2015노1016
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year and six months of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The Defendant is almost unlikely to recommit a sexual crime.

Therefore, the judgment of the court below which cited the request for the attachment order of this case is improper.

2. Determination

A. The Defendant in the instant case reflects his mistake by recognizing all of the instant crimes.

The defendant is a person with a mental disability of the third degree who suffers from a sternal disease.

Defendant has no criminal records of suspended execution or more.

However, the crime of this case was committed by the victims who do not have any way in the public toilets or commercial buildings and attempted to commit indecent acts by force or by force, and the nature of the crime is not good.

Due to the instant crime, the victims seem to have caused a considerable sense of sexual humiliation along with their mental impulses.

The defendant did not receive a letter from the victims, and the victims want to severely punish the defendant.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, this part of the defendant's argument is without merit.

B. In full view of the circumstances indicated in its reasoning based on the evidence duly adopted and investigated, the lower court determined that the Defendant committed a sexual crime and was likely to recommit the recidivism of the sexual crime and the sexual crime.

In light of the records, the judgment of the court below is just and its attachment period is also appropriate.

Therefore, this part of the defendant's assertion is without merit.

3. Conclusion, the defendant.

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