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(영문) 서울고등법원 2015.10.30 2015노2376
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

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

Reasons

The court below rendered a judgment dismissing the prosecutor's request regarding the part of the defendant's case against the defendant and the person subject to a request for an attachment order (hereinafter referred to as "defendant") as to the part of the case of the defendant's case and the order to impose the location tracking device and matters to be observed.

However, since only the defendant appealed against this, there is no interest in appeal as to the part of the judgment below's case of probation order.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of this court's trial, and only the part of the judgment below's case and the part of the request for attachment order belongs to

Summary of Grounds for Appeal

The sentence of imprisonment (two years and eight months) imposed by the court below on the defendant on the part of the defendant's case is too unreasonable.

Although there are special circumstances that may not disclose or notify the personal information to the defendant in violation of the disclosure disclosure order, it is improper that the court below ordered the defendant to disclose or notify the personal information for five years.

Although the part of the request for attachment order does not have much risk of recommitting a sexual crime, the court below's order the defendant to attach an electronic tracking device for three years is unreasonable.

Judgment

As to the assertion of unreasonable sentencing on the part of the defendant's case, the defendant has led to the confession of all the crimes of this case and divided his mistake.

However, the defendant is not well aware of the fact that he had been sentenced to two years of imprisonment with prison labor for the same kind of crime committed against female students who are children or juveniles, and the defendant is forced to nine victims who are female students who are between 13 and 16 years of age during the period of suspension of the execution of the punishment.

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