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(영문) 대구고등법원 2015.05.14 2015노104
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (two years and six months of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is deemed unreasonable.

B. In light of the Defendant’s abnormal sexual marks, etc., the Defendant is likely to recommit sexual crimes in the future, as a person who, on a planned basis, induced female juveniles to the telecom to commit indecent act by force.

Nevertheless, on the grounds indicated in its reasoning, the lower court determined that it is difficult for the Defendant to recognize the risk of recidivism of a sexual crime, and dismissed the request for the attachment order of this case. In so doing, the lower court erred by misapprehending the legal doctrine on the risk of recidivism

2. Determination

A. As to the part of the Defendant’s case, each of the instant crimes committed by the Defendant with respect to female juveniles, by compulsion of indecent act by force, stolen or embezzled money, valuables, or articles at the workplace where he had worked six times, and further, transferred the means of electronic financial transactions to others with money, and the nature of the crime is bad, and the victims were not recovered from damage.

In the past, even though the Defendant had been punished several times due to theft and embezzlement, etc., he again committed the theft and embezzlement of this case.

On the other hand, the degree and degree of indecent act committed in the crime of this case’s indecent act is not severe, and the Defendant has no record of being punished for sexual crime prior to the crime of this case.

The Defendant is fully aware of each of the instant crimes, and the Defendant shows an attitude against his mistake.

In addition to these various circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes in this case, all the circumstances that are conditions for sentencing, such as purification after the crime, and the recommended sentence according to sentencing guidelines.

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