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(영문) 대구고등법원 2018.08.23 2018노180
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The judgment below

The part of the case of the defendant and the part of the case for attachment order shall be reversed.

Defendant shall be punished by imprisonment with prison labor for ten years.

Reasons

1. The lower court rendered a judgment of conviction on the part of the case of the Defendant, and ordered the attachment of location tracking devices and imposition of compliance with the duty regarding the part regarding which the request for attachment order was filed, and sentenced to dismissal of the prosecutor’s claim regarding the part regarding the request for protection observation order.

In this regard, since only the defendant and the person who requested an attachment order (hereinafter “defendant”) have lodged an appeal against this, the part of the judgment below regarding the claim for the protective observation order among the judgment below does not have any interest in appeal, and thus, notwithstanding Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, the part regarding the claim for the protective observation order among the judgment below shall be excluded from the scope of the judgment of this court.

Therefore, the scope of this court's trial is limited to the defendant's case and the attachment order claim.

2. Summary of reasons for appeal;

A. The sentence (10 years of imprisonment, confiscation) imposed by the court below on the defendant in the part of the case of the defendant (unfair sentencing) is too unreasonable.

B. In light of the following: (a) the part of the request for an attachment order (unfair attachment order of location tracking device) does not have any history of punishment for a sex offense; (b) the Defendant is seriously against the instant crime; and (c) the risk of recidivism is assessed at the level of “Intermediate” as a result of the assessment of the risk of a sexual offender committed in the investigation before the Defendant’s claim; and (d) the assessment of the risk of recidivism conducted in the pre-trial investigation of the Defendant; and (e) the risk of recidivism

However, the court below ordered the defendant to attach or attach an electronic tracking device for 10 years, and ordered the defendant not to access the victim during the location tracking device attachment period is unreasonable.

3. We examine ex officio prior to the determination of the Defendant’s allegation of reasons for appeal.

Punishment shall be imposed for sex offenses against children, juveniles, or adults.

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