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(영문) 서울고등법원 (춘천) 2013.11.20 2013노180
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant and the respondent for attachment order (hereinafter “Defendant”)

(2) At the time of the instant case, the sentence imposed by the lower court of unfair sentencing (one year of imprisonment) was too unreasonable and is too unreasonable.

B. The Defendant’s request for the attachment order of this case must be dismissed because it does not pose a risk of repeating a sexual crime.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's mental disorder claim, it is difficult to deem that the defendant had drinking alcohol at the time of the crime in this case, but it is difficult to view that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in this case, or did not have the ability to do so. Therefore, the defendant's mental and physical disorder argument is without merit. 2) Although the defendant's judgment on the argument of unfair sentencing is against the defendant's wrong conduct in depth about the crime in this case, he committed an indecent act by force against the victim who is only six years of age, the degree of indecent act is not less easily. The crime in this case appears to have difficulty in forming a proper sexual value by receiving considerable mental impulse, and there is no agreement with the victim, and in light of the circumstances such as the defendant's age, character and behavior, environment, motive of the crime in this case, means and result after the crime in this case, etc., the defendant's sentencing cannot be justified and it is justified.

B. The lower court on the part of the attachment order case is based on the evidence duly adopted and examined.

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