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(영문) 서울고등법원 2020.10.16 2020노1284
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years and six months of imprisonment, three years of suspended execution, etc.) is too unreasonable for the Defendant and the person who requested an attachment order or the person who requested a probation order (hereinafter “Defendant”).

B. The sentence of unfair sentencing is unreasonable. 2) The lower court’s dismissal of a prosecutor’s request for an attachment order and a request for a probation order is unreasonable, and thus, it is unreasonable for the lower court to dismiss the prosecutor’s request for an attachment order and a request for a probation order. Even where the prosecutor’s request for an attachment order and a probation order are dismissed, the lower court should order a certain criminal to attach an electronic device or issue a probation order in accordance with Articles 28(1) and 21-3(2) of the Act on the Probation and Electronic Monitoring, etc. of Electronic Devices to prevent recidivism.

2. The instant crime committed on the assertion of unfair sentencing by both parties constitutes an indecent act by the Defendant only once by the victim of eight years of age, with his own buckbucks and by which the Defendant committed the instant crime against the victim at the age of eight, whose judgment and decision making capacity are weak and whose gender identity is not established. It is not good that the instant crime is committed against the victim at the age of eight.

The victim seems to have suffered a considerable mental impulse.

The possibility of criticism is high in that the defendant committed the crime of this case again without being aware of it while being tried due to the crime of indecent act by compulsion, performance and obscenity, etc.

However, the defendant recognized the crime of this case and was able to repent his mistake in depth.

The defendant expressed his intention that his parents do not want to be punished against the defendant under the mutual consent between the victim and the victim.

The defendant is trying to correct distorted sexual ideas by receiving regular treatment at the alcohol center and the department of mental health with the interest and help of his family.

(b).

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