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(영문) 부산고등법원 2015.07.16 2015노299
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing factors in the Defendant case, the sentence imposed by the lower court to the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”) (limited to four years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too uneasible and unreasonable.

B. It is recognized that the defendant needs to attach an electronic device in light of the content of the crime of this case committed by a sexual assault twice against a victim who is a friendship parent, who is only four years of age, and the risk of recidivism, etc.

Nevertheless, the judgment of the court below which dismissed the defendant's request for an attachment order, is erroneous in the misapprehension of legal principles as to the risk of recidivism in the attachment order.

2. Examining the various sentencing conditions in this case regarding the part of the defendant's case, each of the crimes of this case is deemed to have committed indecent acts by compulsion and similarity by inducing the defendant's aged 4 to meet his/her sexual desire. In light of the victim's age, relationship with the victim, method and content of the crime, etc., the victim who did not fully meet his/her sexual identity and values has not yet been able to suffer mental and physical shock that makes it difficult for him/her to cope with the crime of this case, and the emotional distress and shock caused by sexual assault in the green period are likely to continue even after he/she becomes an adult. It seems that the crime of this case seems to have suffered a considerable mental suffering from not only the victim but also the mother of the victim's child, and there are no other circumstances that the victim did not receive a letter of use from the victim.

On the other hand, however, the defendant's depth reflects on all of the crimes of this case.

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