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(영문) 대구고등법원 2014.08.25 2014노38
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable because the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) (two years and six months of imprisonment, three years of suspended execution, three years of probation, two years of probation, and forty hours of sexual assault treatment lectures) is too uneasible.

In addition, in light of the background of the crime of this case, the relationship between the defendant and the victim, and the circumstances after the crime, etc., the court below dismissed the defendant's request for the attachment order of this case, even if the defendant is likely to repeat a sexual crime

2. The instant crime cannot be deemed as a crime committed against a victim, who is vulnerable to the Defendant’s indecent act on the part of a young victim on the part of alley site, in that it constitutes an indecent act on the part of a young victim on the part of alley.

In addition, the victim's side is trying to punish the defendant's severe punishment.

On the other hand, the degree of type used by the defendant in the crime of this case does not seem to be significant, and the degree of indecent act is deemed to be minor, and the defendant has intellectual disability of class 3 with intellectual disability of class 58 with the intelligence index, and the defendant-type K shows his intent to make efforts to treat the defendant by giving a written application for coal for the defendant, and taking into account all the factors of sentencing as shown in the arguments, such as the defendant's age, character and behavior, environment, motive, means, consequence, and circumstance after the crime, etc., the sentence imposed by the court below cannot be deemed to be unfair.

Therefore, prosecutor's grounds of appeal on sentencing are without merit.

Meanwhile, according to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, when a suspended sentence is imposed with respect to a specific crime case, the request for an attachment order shall be dismissed in addition to the probation order to verify the implementation of the matters to be observed.

The court below held the defendant.

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