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(영문) 광주고등법원 (전주) 2013.11.19 2013노210
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two years of suspended sentence in June of one year and six months) is deemed to be too unhued and unfair.

B. In light of the fact that the defendant and the requester for the attachment order and the respondent for the attachment order (hereinafter “the defendant”) suffered from mental division symptoms, they committed three indecent acts against three women including minors under the age of 13 and under the age of 18, and according to the defendant’s statement, mental assessment results, and the inquiry report by the head of the medical treatment and custody office, and the defendant’s inquiry report by the head of the investigation agency, the defendant appears to have a tendency to attract sexual impulses and lacks the ability to refrain from sexual impulses, although it can be recognized that there is a risk of recommitting sexual crimes, the court below dismissed the request for the attachment order, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles.

2. Determination

A. The crime of this case committed by the Defendant was committed in a manner that the Defendant lacks the ability to discern things or make decisions due to a mental fission, and committed an indecent act in light of the object, means, methods, and contents of each of the crimes of this case, such as intrusion upon another person’s residence, rhym the face of the female aged 37, rhyming with the female under the age of 14, and rhyming the female with the female under the age of 13, and intending to be out of the bar, etc.

However, the Defendant committed each of the crimes of this case under the lack of the ability to make decisions due to mental division, and the degree of indecent act by compulsion of each of the crimes of this case cannot be seen as being serious, and the victims of the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse do not want to punish the Defendant, and the intent to recover damage by depositing part of the amount for the victim of the crime of indecent act by compulsion.

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