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(영문) 대구고등법원 2013.10.16 2013노255
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The court below rendered a judgment dismissing the prosecutor’s request with respect to a case involving a prosecuted case which was found guilty.

In this regard, only the defendant appealed and there is no interest in the appeal regarding the attachment order request case.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, 201Do20, Aug. 25, 201). Therefore, the part of the case requesting attachment order against the Defendant is excluded from the scope of this Court’s trial.

3. The crime of this case is a reason that the defendant committed an indecent act by putting the victimized children under 13 years of age who have taken a bath in a bath with no compensation on the part of the victimized children of 13 years of age, putting them on the bed of the victim's sexual organ and promptly spreading the victim's sexual organ, etc., and then putting the victim into the victim's resistance, which is highly likely to be subject to criticism in light of the object, method, and result of the crime, etc. of the crime. The victim as male son was suffering from heavy weather at the time of the crime, and thereby, it is likely that it may interfere with the establishment of proper sexual values in the future, and that the victim's punishment is desired at the victim's side.

On the other hand, the defendant supports the victims and children living alone under difficult family circumstances, there is no same criminal record, there is no record of criminal punishment heavier than the suspension of execution prior to the crime of this case, and has committed contingent crimes under one net mind, and is against the depth of all the facts of the crime.

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