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(영문) 서울고등법원 2015.12.17 2015노2582
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the case of applying for an attachment order while rendering a judgment of conviction and medical treatment and custody against the Defendant and the person subject to medical treatment and custody and the person subject to a request for attachment order (hereinafter referred to as “defendants” by reducing the Defendant and the person subject to medical treatment and custody). As such, the only Defendant appealed against the request for attachment order, there is no interest in

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part concerning the defendant's case and medical treatment and custody application case

2. Summary of grounds for appeal;

A. The part of the defendant's case (along-term one year and six months of imprisonment, and a short-term one year) sentenced by the court below is too unreasonable.

B. As the part of the medical treatment and custody claim case concerns the treatment of the defendant and his family, there is no risk of recidivism since the defendant can be given an appraisal control due to the regular medication, the application for medical treatment and custody in this case must be dismissed.

3. Determination

A. The Defendant committed each of the instant crimes under the lack of decision-making capacity due to shocking and co-ordination disorder, and all of the facts charged appear to be against the Defendant, and there are circumstances to be considered in light of the circumstances, such as the fact that the Defendant is still a juvenile under the age of 18.

However, each of the crimes of this case committed by the defendant was committed by the defendant in a way that the defendant saw him/herself by using the female (one victim is a child or juvenile under the age of 14) who has been passing two times, and was committed by committing an indecent act by using buckbucks and drinkings, etc. in light of the contents of the crime. Furthermore, the defendant committed the bodily injury by compulsion, robbery, etc. two times.

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