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(영문) 서울고등법원 2014.03.20 2014노103
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

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

Reasons

Summary of Grounds for Appeal

The sentence (two years of imprisonment, the disclosure of information and notification five years) imposed by the court below on the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendants") in the part of the defendant's case and the person against whom the attachment order was requested,

Since the defendant's request for attachment order does not pose a risk of repeating a crime, it is unfair to impose an order to attach an electronic tracking device for 20 years imposed by the court below on the defendant, including 100 hours completion of sexual assault treatment program

Even the defendant is at risk of recidivism.

Even if a location tracking device is attached for 20 years, it is difficult to find employment and maintain livelihood after release.

Judgment

A. The circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession of the instant crime; (b) the Defendant agreed with the victim by paying KRW 30 million to the victim; (c) the Defendant did not have any record of punishment for a sexual crime of the same kind; (d) there was no record of the suspended execution or more; and (e) the Defendant’s social relationship is

However, for the purpose of finding out letters written by the victim on the Internet portal site and making sexual intercourse with the victim who is a minor with weak decentralization because they are merely 13 years old, the Defendant had planned access to the victim from the beginning, such as detecting his personal information, etc., and had sexual intercourse with the victim by forcing the victim to take the victim into his/her officetel and drink and sexual intercourse with the victim. Even thereafter, the Defendant had sexual intercourse with the victim in the same or similar form as forcing the victim to take the victim as a tool for continuous sexual humiliationing.

When the defendant commits a dynamic sexual act, such as examining the face or drafting of the victim, it shall be assumed that the victim is married to the defendant in the year when the victim becomes adult.

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