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(영문) 대구고등법원 2015.06.25 2014노474
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (three years of imprisonment and four years of suspended execution) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is deemed unreasonable.

B. The Defendant is deemed to have a habit of committing a sexual crime on two occasions and is likely to recommit a sexual crime in light of the content and circumstances of the instant crime.

Therefore, the lower court’s determination dismissing the instant request for attachment order is unlawful.

2. Determination

A. As to the part of the defendant's case, the crime of this case was committed by the defendant by rape or coercion of female juveniles, and the nature of the crime is not that of the minor.

The victims who were at the time to form a sound sexual identity and values due to the defendant's crime seem to have caused a lot of shock and sexual humiliation.

On the other hand, the Defendant had no record of criminal punishment before committing the instant crime.

The defendant seems to have committed the above crime in a contingency under the influence of alcohol while he was not able to judge the age of 18.

The defendant agreed with the victims that the victims would have taken the action against the defendant.

The defendant has seriously reflected his wrongness and again failed to commit such a crime.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it is not determined that the sentence is too uneasible and unfair.

Therefore, this part of the prosecutor's argument cannot be accepted.

(b) A specific part of the case for which an attachment order is requested;

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