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(영문) 대구고등법원 2016.07.14 2016노120
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence that the lower court sentenced to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (three years of imprisonment”) to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is unreasonable.

B. It is unreasonable to order the court below to disclose and notify the defendant's personal information for a period of three years in light of the fact that the defendant's improper order of disclosure or notification does not pose a risk of reoffending and that he plans to marry in the future.

(c)

The court below's order to attach an electronic tracking device to the defendant for three years is harshly unfair.

2. Determination

A. Determination 1 on the part of the Defendant’s instant case is based on the following: (a) the Defendant was at the time of having committed the instant crime; and (b) the degree of the type of force used in committing an indecent act is not much weighted.

The parent of the defendant is leading the defendant.

At the same time, the defendant appealed against the defendant.

However, the crime of this case is a case in which the defendant committed an indecent act by force by deceiving the sound parts of the victim E (11) and H (12) who is under 13 years of age, and assaulted the victim J under the influence of alcohol, and is a serious crime in light of the content of the crime.

The instant crime of indecent indecent act constitutes “violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Act by Minor Offenses under the age of 13)” and the statutory penalty for such crime is imprisonment with prison labor for a limited term of at least five years.

The Defendant had committed various crimes, such as robbery, and had already been punished 11 times or more. In particular, the Defendant committed an attempted indecent act against 30 women by infringing upon the residence in 2001, and committed the instant forced indecent act without being aware of, even though he was sentenced to imprisonment with prison labor and 2 years of suspension of execution in 1 year and June, 207, and 8 months of age and 7 years of age in public toilets in 2007, and was sentenced to imprisonment with prison labor for the attempted crime, and committed the instant forced indecent act without being aware of, even though the investigation was underway due to the crime of intrusion upon residence.

n.

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