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(영문) 서울고등법원 2016.02.16 2015노3451
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

The request for the attachment order of this case is dismissed.

Reasons

The summary of the grounds for appeal is unreasonable because the punishment (three years of imprisonment) imposed by the court below on the defendant and the person who requested an attachment order (hereinafter referred to as "defendant") is too unreasonable.

The fact that the defendant's judgment on the defendant's case recognizes the crime of this case and is against the defendant, and that the defendant has no record of criminal punishment beyond the fine is favorable to the defendant.

On the other hand, the Defendant’s crime of this case committed two times and committed an indecent act by force on the part of the victim (e.g., 7 years of age) who was playing in the playground, and the nature of the crime is not less severe in light of the content of the crime, the victim seems to have received a considerable sexual humiliation and mental shock, and the Defendant’s failure to receive a letter from the victim is disadvantageous to the Defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, the various sentencing conditions indicated in the records, such as the circumstances after the crime, and the crimes under Articles 1 and 2 of the Sentencing Guidelines established by the Supreme Court (the scope of recommendations) [the scope of recommendations] under the general standard for crimes under the age of 13: (4 to 7 years) of the basic area (the scope of recommendations): The final sentencing scope based on the aggravation of multiple crimes in the basic area (4 to 10 years) of the sex crimes under the age of 13: In full view of the following factors: 4 to 10 years, it is not determined that the sentence imposed by the court below against the Defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

The summary of a request for judgment on a request for attachment order is that a defendant has committed a sexual crime against a person under the age of 19 on two occasions, as stated in the facts constituting an offense in the judgment below, and there is a risk of recommitting a sexual crime.

Judgment

The following circumstances, which can be recognized by the evidence duly adopted and investigated by this Court, that is, the defendant has no record of sexual assault crime, and ② the defendant's risk of committing a Korean sexual crime.

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