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(영문) 부산고등법원 2015.02.10 2014노741
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case is unreasonable since the lower court’s imprisonment (two years of imprisonment, three years of suspended execution, two years of probation, two years of social service, 160 hours of sexual assault treatment, 80 hours of course in sexual assault treatment, and confiscation) is too uneasible. 2) The lower court’s failure to impose an order on the Defendant to disclose and notify personal information against the Defendant, even though there are no special circumstances under which disclosure and notification of personal information may not be disclosed or notified.

B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order risks recommitting a sexual crime.

2. Determination

A. The crime of this case regarding the assertion of unfair sentencing on the part of the Defendant case is an indecent act committed by the Defendant by deceiving the victims’ chests, and the background, method, frequency, and age of the victims, etc. of the crime are not less exceptionally considering the background and frequency of the crime, the victims’ sexual humiliation and mental impulses appear to have been suffered due to the crime of this case, and the Defendant’s failure to take care of the victims, etc. are disadvantageous to the Defendant.

However, when the defendant committed each of the crimes of this case, the defendant was able to repent his mistake in depth, the defendant's chests of the victims were delivered to his clothes following the victims, and the degree of indecent act and the exercise of tangible force was relatively limited. The defendant did not have any record of punishment for sexual crime, and the defendant's father and female living together with the defendant have been able to improve their personality and behavior through sexual spirit and counseling treatment, and the defendant seems to have sufficient possibility of edification and improvement at a relatively young age. In addition, considering all the various kinds of religious conditions such as the defendant's age, character and behavior, environment, the background of the crime of this case, and the circumstances after the crime, etc., the punishment of the court below is too uneasable.

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