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(영문) 서울고등법원 2014.10.31 2014노2455
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on the part of the Defendant case is too unreasonable.

B. As part of the case of the attachment order, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) cannot be deemed to pose a risk of repeating a sexual crime, it is reasonable to dismiss the request for the attachment order of this case.

2. Determination

A. The Defendant’s crime in the part of the instant case is an unfavorable circumstance to the Defendant, such as: (a) the Defendant committed the instant crime by force by compulsion of the victim C, and (b) the Defendant committed the instant crime by forging the victim’s signature to commit the act of committing another person in the course of the investigation; (c) the nature and circumstances of the crime by assaulting the victim G; (d) the victim C complaining of the considerable mental suffering from the instant case; (c) the victim G also sought punishment for the Defendant; (d) the Defendant committed the instant crime by force despite the record of having been sentenced to punishment due to the crime of indecent act by force; and (e) the Defendant committed the instant crime since three months have not passed since

The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes in the trial; and (b) it is difficult to view that the exercise of force and the degree of indecent act by force against the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse is relatively serious.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, circumstances before and after the crime, etc., various sentencing factors as shown in the instant pleadings, and the scope of the recommended sentencing guidelines of the Supreme Court, the lower court’s punishment is too unreasonable. Therefore, this part of the Defendant’s assertion is without merit.

B. The following circumstances revealed by the evidence mentioned in the part of the attachment order case and the Defendant’s request investigation report on the Defendant, namely, ① the Defendant did not terminate the execution of the sentence despite the fact that he had been sentenced to punishment due to the crime of indecent act by compulsion and for whom three months have not elapsed since it was impossible.

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