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(영문) 부산고등법원 2013.08.22 2013노293
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (six years of imprisonment, and ten years of information and disclosure) on the part of the Defendant case (Defendant) is too unreasonable.

B. The part of the case where the attachment order is sought (the defendant and the respondent) ordering the defendant and the respondent for the attachment order (hereinafter “defendants”) to attach an electronic tracking device for 10 years is too unreasonable.

C. The Defendant and the requester for medical treatment and custody, or the requester for medical treatment and custody order (hereinafter “defendants”) who have committed the sexual crime of this case against a child or juvenile subject to imprisonment without prison labor or heavier punishment need to receive medical treatment at the medical treatment and custody facility as a mentally handicapped person or a sexually disabled person with sexual intercourse, such as obsivity and identification, and is in danger of recidivism.

Nevertheless, the judgment of the court below that dismissed the request for medical treatment and custody for the defendant.

2. Determination

A. In the part of the defendant's case, each of the crimes of this case committed against a child or juvenile for a period of less than two months, inducing the victim, who is a child or juvenile, to have sexual intercourse with a female child or juvenile, attempted to have sexual intercourse with a female child or juvenile by force once, and forced sexual intercourse with a female child or juvenile on seven occasions. In light of the law and frequency of crimes, degree of similarity, degree of similarity, age of victims, etc., it is very significant that the crime is committed, and the victims seem to have suffered severe mental and physical distress due to each of the crimes of this case, it is reasonable to punish the defendant strictly.

However, the fact that the defendant's mistake is recognized, there is no criminal record exceeding the same kind and fine, and even if the sexual intercourse by force of this case has been committed, the defendant's age, character and conduct, environment, family relationship, etc. are committed.

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