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(영문) 서울고등법원 2016.07.14 2016노1079
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. The court below's dismissal of the request for the attachment order of this case is improper, inasmuch as the defendant and the requester for the attachment order of this case (hereinafter the defendant) committed a sexual crime against a person under the age of 19 and committed a sexual crime on two or more occasions and the recidivism risk is acknowledged.

2. Determination

A. In light of the following, strict punishment against the Defendant is necessary for the crime of this case as to the wrongful argument of sentencing, taking into account the fact that the Defendant committed an indecent act by force against the victim D and the victim E who is a minor under the age of 13, and assaulted the victim G and the nature of the crime is not good.

However, considering the following: (a) the Defendant’s mistake is divided; (b) the Defendant did not have any history of punishment for a sexual crime; (c) the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor; (d) the Defendant was also sentenced to an order to observe protection along with the order to treat sexual assault and alcohol treatment; and (e) the degree of indecent act in each of the instant cases; and (c) the Defendant’s age, sex and environment; (d) the motive, means and consequence of the commission of the crime; and (e) the conditions of sentencing specified in the instant argument, such as the circumstances after the commission of the crime, etc., the lower court’

B. According to Articles 9(4)4 and 28(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter “Electronic Devices Attachment Act”), a request for an attachment order shall be dismissed when a court declares the suspension of execution with respect to a specific crime case: Provided, That when a court orders a specific criminal offender to undergo the protection and observation while suspending the execution of punishment, the court shall order the specific criminal offender to undergo the protection and observation within the scope of the period of protection and observation.

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