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(영문) 서울고등법원 2012.12.21 2012노3171
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)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 lower court’s sentence (one-year imprisonment, etc.) imposed on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The court below ordered the defendant to disclose personal information for seven years that the court below ordered the defendant to assert the illegality of the disclosure order and notification order is unfair.

C. The lower court’s order to attach an electronic tracking device for the seven-year location tracking period that the Defendant ordered is inappropriate.

2. Determination

A. It is more favorable to the Defendant’s recognition of the instant crime and reflects on his mistake, and the fact that his parents and siblings died of disease, such as cancer and urology, or have a mental disorder, etc., or grow difficult in an influorous environment.

The crime of this case is committed by the following the victim who is a child who is only eight years of age entering the house of the defendant, and the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

In addition, various conditions of sentencing, such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., and sexual crimes within the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (decision of types of punishment).

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