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(영문) 대전고등법원 (청주) 2019.02.14 2018노184
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The defendant does not pay the above fine.

Reasons

1. The summary of the grounds for appeal is that the original judgment (including fine of KRW 15 million, order to complete a sexual assault treatment program for forty hours, etc.) is too unfluent and unfair.

2. The ex officio judgment prosecutor requested the defendant and the person subject to the request for the attachment order (hereinafter “the defendant”) to attach an electronic tracking device at the trial court, and this court decided to hold concurrent hearings between the defendant's case and the case for the attachment order. Since the request for the attachment order should be examined together with the defendant's case and the judgment should be sentenced simultaneously, the judgment of the court below is no longer maintained in this respect.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The fact that the defendant has no record of being punished for a sexual crime, the defendant's personal information registration of the defendant and the completion of sexual assault treatment programs alone seems to have the effect of preventing re-offending, as well as the fact that the defendant's exemption from disclosure order and notification order under the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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