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(영문) 부산고등법원 2015.10.07 2015노466
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on the Defendant and the person against whom an order to attach an electronic device was requested (hereinafter “Defendant”) is unreasonable, deeming that the sentence of imprisonment (three years of suspended execution, etc. in two and half years of imprisonment) is too unfeasible.

B. Since the court below's exemption from disclosure and notification orders is likely to pose a risk of repeating a crime against the defendant, it is unfair for the court below to exempt the defendant from disclosure and notification orders.

C. It is unreasonable for the court below to dismiss the request for attachment order of this case, since the defendant's rejection of the request for attachment order of this case is recognized as a risk

2. Part of the defendant's case

A. As to the assertion on unfair sentencing, each of the crimes of this case against the assertion on unfair sentencing is that the defendant committed an indecent act against the victim by force, such as the victim's entrance, the victim's age, the victim's age, the number of crimes, and the number of times of the crimes, etc., which are significant in light of the circumstance and contents of the crime, the victim's age, the victim's age, the method of the crime, and the number of times of the crimes, etc., and the victim who lacks values or judgment ability seems to have negative impact on the formation of sexual identity and values due to each of the crimes of this case. However, the defendant committed each of the crimes of this case in this case, even if the defendant led the confession of each of the crimes of this case, and the defendant did not want punishment against the defendant, the defendant and his legal representative did not want punishment against the victim and the defendant only once by agreement with the victim and the victim, the defendant did not want to have any specific criminal power other than the victim's one-time criminal record, and the enactment of sentencing guidelines and sentencing guidelines for the sentencing committee.

B. We examine the unfair argument of exemption from disclosure and notification order.

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