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(영문) 서울고등법원 2013.06.27 2013노798
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years and six months of imprisonment, 40 hours of sexual assault treatment programs, and 5 years of notification of information disclosure) imposed by the lower court and the person subject to a request to attach an attachment order (hereinafter “defendant”) by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s (1) part of the Defendant’s case (e.g., e., g., e., e., e., e

(2) It is unreasonable to dismiss the Defendant’s request for an attachment order, in part of the attachment order case, despite the risk of recidivism.

2. Determination:

A. Before deciding on the grounds for appeal of unfair sentencing as to the part of the defendant's case, prior to the judgment of ex officio and the prosecutor's grounds for appeal of unfair sentencing as to the part of the defendant's case, the prosecutor changed the facts charged of this case as stated below, and applied for changes in the indictment to the name of the crime by adding "violation of Special Act on the Punishment, etc. of Sexual Crimes (Indecent Acts in Minor, etc. under thirteen years of age)" to "Article 7 (5) of the Special Act on the Punishment, etc. of Sexual Crimes (Indecent Acts in Minor, etc.)" to "Article 7 (5) of the Special Act on

B. (1) Determination on the part of the case pertaining to the attachment order refers to the possibility of repeating the crime of sexual assault under Article 5(1) of the former Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 11558, Dec. 18, 2012; hereinafter referred to as the “Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders”) is not sufficient enough enough to repeat the crime, and it is highly probable that the person who requested the attachment order will injure the legal peace by again committing a sexual assault in the future. The existence of the risk of repeating the crime of sexual assault is the occupation and environment of the person who requested the attachment order, and the conduct before the crime.

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