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(영문) 부산고등법원 (창원) 2014.11.05 2014노226
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment and two years of suspended execution, etc.) is too unhued and unreasonable.

B. It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances that would not disclose or notify the Defendant’s personal information.

C. The judgment of the court below that dismissed the request for attachment order since the defendant's rejection of the attachment order is recognized to pose a risk of recidivism.

2. Determination

A. The instant crime, which is acknowledged by evidence, evidence, rules of evidence, and legal principles as to the assertion of unfair sentencing, is found to be an indecent act against the victim by committing sexual assault against the victim at the time of forming the victim's sexual identity and values, and thus, the crime of this case, which is acknowledged by evidence, evidence, evidence, rule of law, and legal principles, committed obscene acts, such as expressing that the female spucks are different to the female spucked female spucks, and furthermore, by deceiving the victim's spucks who are female 15 years old who were seated next to the victim and moving his spucks to the victim's sexually and mentally, and thus, constitutes an objective and neutral element of sentencing or sentencing, such as the fact that the victim committed sexual assault against the victim at the time of forming physical and mental identity and values, and thus, has not yet taken any measures to recover from damage until the trial, and that it has not been agreed with the victim.

However, more favorable sentencing factors or objective and neutral factors, such as the fact that the defendant did not have a degree of mental disorder but has committed the crime in this case in a state of drunken and shocking, the degree of indecent act is relatively minor, the defendant has no criminal record other than being punished twice by a relatively minor fine, and the defendant reflects all the criminal facts of this case.

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