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(영문) 부산고등법원 (창원) 2014.09.17 2014노194
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a) on the Defendant and the person subject to a request to attach an electronic device (a person subject to attachment order for three-year location tracking devices) (a person subject to suspended execution of imprisonment for five years, probation, taking a course of sexual assault treatment for 80 hours, and checking whether probation is complied with) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unfair. 2) It is unreasonable for the lower court to dismiss the request for attachment order even if the lower court recognizes the risk of recidivism by the wrongful Defendant.

2. Determination

A. As to the assertion of unfair sentencing on the part of the defendant 1 of this case, each of the crimes of this case acknowledged under the circumstances or objective and neutral circumstances, evidence, evidence, and legal principles favorable to the defendant, such as the fact that each of the crimes of this case was not an indecent act by assault or threat, but an indecent act by force, and was an indecent act by force, and the victim did not want to be punished against the defendant, and that the defendant does not have any record of the same crime or suspension of execution, except for those punished four times by a relatively minor fine, and that the defendant recognizes all the criminal facts of this case, and each of the crimes of this case committed under the circumstances or objective and neutral circumstances favorable to the defendant, such as the fact that each of the crimes of this case was committed in favor of the defendant, such that the defendant was committed by force on three occasions, where the defendant was a female juvenile of 13 years old age, whose head of youth association had taken care of, and was committed by force, and that there was an indecent act of force on three occasions, such as the defendant's emotional distress, depression, depression, and mental disorder, etc.

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