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(영문) 부산고등법원 2014.12.04 2014노614
아동ㆍ청소년의성보호에관한법률위반(강제추행)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. As to the sentence imposed by the lower court (a two years of suspended execution of one year and six months of imprisonment, and three years of disclosure and notification order), the Defendant and the person subject to an attachment order (hereinafter “Defendant”) asserts that the Defendant and the person subject to an attachment order (hereinafter “Defendant”) are too unreasonable and unfair, and the prosecutor asserts that the sentence is too unreasonable and unfair.

B. It is unreasonable for the court below to dismiss the defendant's request for attachment order even if the defendant's risk of repeating a sexual crime is recognized.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is committed by the Defendant’s indecent act against the female and female women during the period in which the Defendant had committed an indecent act against the female and female women, such as frighting on the side, and frighting on the side. Although the Defendant did not exercise a serious tangible power to the victims, it appears that the victims who are 10 juveniles have suffered a large mental impulse, and that he did not receive a letter from the victims, and there are circumstances unfavorable to the Defendant.

However, the crime of this case was committed in a state of mental disorder by the defendant who has complained of mental problems from the time of military service. It appears that the mental disorder suffered by the defendant was an important factor for the crime of this case, and the defendant was diagnosed by other non-human mental disorder and editing telegraph disorder at the Ulsan National University Hospital and received hospitalized treatment at the mental department, and continued to receive outpatient treatment at the mental department. Although the defendant was punished twice by a fine, there was no history of suspension of qualification or more severe punishment and sexual crime, and the defendant's parents promised to provide economic and emotional support to improve the symptoms of the defendant, and continued medical treatment is favorable to the defendant.

As such, the defendant.

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