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(영문) 대전고등법원 2015.01.09 2014노516
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (two years and six months of imprisonment) by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. If the judgment prosecutor files an appeal against the accused case, it shall be deemed that an appeal has been filed regarding the attachment order case under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, but it shall not include the grounds for appeal or the petition of appeal filed by the prosecutor.

The crime of this case is a reason to consider the Defendant’s sentencing unfavorably, in light of the content, mode, frequency, etc. of the crime, where the Defendant used a deadly weapon to or threatened the victim E with a deadly weapon, and repeated indecent act by force over a long time.

However, in full view of the following factors: (a) the Defendant made a confession of all of his/her own crimes in the trial; (b) the victims expressed their intent that he/she does not want to punish the Defendant; (c) the Defendant has no record of punishment exceeding the same kind and fine; and (d) the Defendant’s crime of intimidation and bodily injury is a long-term crime; and (c) the sentencing of the lower court against the Defendant is too weak or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

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