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(영문) 서울고등법원 2014.08.29 2014노1174
아동ㆍ청소년의성보호에관한법률위반(준강간등)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. It is unreasonable to dismiss the request for the attachment order of this case even if the defendant and the respondent for the attachment order (hereinafter “defendant”) are found to pose a risk of repeating a sexual crime.

2. Determination

A. In full view of the fact that the defendant's error in the part of the defendant's case is against himself, the defendant seems to have committed the crime of this case by drinking alcohol together with the victim, the defendant is the first offender who has no record of criminal punishment, the defendant agreed smoothly with the victim, and the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and method of the crime, circumstances before and after the crime, etc., as well as all the sentencing conditions in the arguments of this case, including the defendant's age, character and behavior, family environment, motive and circumstance of the crime, method and method of the crime, and the scope of the recommended sentence of the sentencing guidelines of the Supreme Court, it is not recognized that the

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 on a specific crime case. As seen above, the lower court’s sentencing that sentenced the suspended sentence against the Defendant is unreasonable. Thus, the Prosecutor’s assertion on this part is without merit.

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.

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