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(영문) 부산고등법원 (창원) 2013.12.27 2013노304
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

The defendant's appeal is dismissed.

Reasons

1. The first instance court found the Defendant guilty of having sexual intercourse twice with a juvenile by force, and sentenced the Defendant four years of imprisonment, etc., and dismissed the prosecutor’s request for an attachment order of an electronic tracking device on the ground that it is difficult to deem that the Defendant is likely to recommit a sexual crime.

On this ground, only the defendant appealed from the judgment of the court of first instance on the ground of unfair sentencing, and the part requesting an attachment order among the judgment of the court of first instance does not have interest

(See Supreme Court Decision 82Do2476 delivered on December 14, 1982). Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part requesting an attachment order is excluded from the scope of the trial of this court. Thus, the scope of the trial of this court is limited to the remainder except the part requesting an attachment order among the judgment of the court of first instance.

2. The punishment sentenced by the first instance court to the accused (four years of imprisonment, etc.) shall be too unreasonable; and

3. Determination factors are recognized as favorable sentencing factors, such as the recognition of the instant crime and the attitude against the Defendant, the fact that there has been no record of punishment by committing sexual crimes so far, the fact that the Defendant voluntarily attended the investigative agency during the escape of the investigation by the investigative agency, and that there are the wife and children to support the Defendant.

However, the defendant is merely 14 years old, and thus, he had had sexual intercourse with the victim by inducing the victim by using the victim who was well aware of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the judgment of the court below, and the crime was very poor, which caused the victim's mental or physical suffering from the judgment of the judgment of the judgment of the judgment of the court below, and the defendant

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