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(영문) 부산고등법원 (창원) 2015.04.15 2015노56
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (five years of imprisonment, etc.) imposed by the Defendant and the person to whom the attachment order was requested by the lower court (hereinafter “Defendant”) is deemed to be too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the ground that it is too uneasible and unfair. 2) The lower court’s dismissal of the request for an attachment order is unjust, since the Defendant’s dismissal of the attachment order is recognized as a risk

2. Determination

A. Although the defendant of the defendant's case has been punished 14 times as a fine for the crime of this case, there is no record of sexual assault crime. The defendant recognizes all of the crimes of this case, and repents the errors. The defendant is not judged to the extent of mental and physical disorder since 2000, but has been under medical treatment for the crime of this case since 200, and continues to use drugs (the 90 pages of the trial record), each of the crimes of this case recognized by the rules of evidence, evidence, and legal principles favorable to the defendant. Each of the crimes of this case is attempted to have sexual intercourse with the victim two times under the influence of force by using that the victim's friendship is in a state where it is difficult for the defendant to easily resist at the end of the defendant. The defendant tried to have sexual intercourse with the victim two times by force, and commits an indecent act by force, even though the defendant is responsible for protecting and supporting the victim, it is against the victim's condition that it is not possible to make a lifelong cleaning, such as sexual intercourse with the victim or indecent behavior of the defendant.

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