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(영문) 서울고등법원 2015.11.10 2015노2524
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The judgment below

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

A defendant shall be punished by imprisonment for six years.

. Information on the Defendant.

Reasons

Summary of Grounds for Appeal

The sentence (seven years of imprisonment) imposed by the court below on the defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendant") is too unreasonable.

It is unfair that the court below's improper order to disclose personal information to the defendant to inform the disclosure of personal information.

Even though it is difficult to see that there is a risk to repeat sexual crimes even though the defendant was punished for the instant case, it is improper for the court below to order the defendant to attach an electronic tracking device.

Judgment

The crime of this case on the assertion of unfair sentencing regarding the part of the defendant's case is a situation unfavorable to the defendant that the defendant committed soup by making soup to the male children under 12 years of age, and committed an indecent act by force, and the nature of the crime is not good in light of the object and method thereof, and did not receive a letter from the victims, and that the defendant had the record of suspended execution due to the attempted indecent act even before the crime of this case was committed.

However, the defendant made a confession of all of the crimes in this case and divided his mistake, there is no criminal conviction against the defendant, the defendant's suspended sentence for a crime of attempted indecent act by compulsion is a day before about 28 years, and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee (five to 12 years and October) [the scope of the recommended sentence] and the second crimes in the basic sphere (4 to seven years) of the crimes in the basic sphere (4 to 7 years) [the scope of the recommended sentence] and the third crimes in the basic area (4 to 7 years) of the sex crimes in the third category of the sex crimes in the basic area (4 to 7 years) of the age of 13 [the scope of the recommended sentence] and the scope of the last aggravated sentence according to the basic area (4 to 4 years and 7 years) of the sex crimes in the age of 13 [the scope of punishment].

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