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(영문) 대전고등법원 (청주) 2016.05.26 2016노9
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Sexual assault against the defendant for 200 hours.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (limited to the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) is unreasonable as it is too unreasonable for the Defendant and the person to whom the attachment order was issued (a two and half years of imprisonment, a three-year order to disclose and notify personal information, and an order to attach a location tracking device for a six-year period).

B. Prosecutor 1) In light of the fact that the Defendant was in a state of mental and physical weakness at the time of committing the instant crime, in view of the fact that the instant case had occurred after one year from May 10, 2014, which was discharged from the hospital by misunderstanding the legal doctrine

It is difficult to see it.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination:

A. Determination 1 on the part of the Defendant’s instant case: (a) the Defendant was hospitalized on February 1, 201 at the Armed Forces Daejeon Hospital for approximately three months on the grounds that he/she received hospitalization on February 1, 201 due to the efficial division disease during military service; and (b) thereafter discharged the Defendant from military service on May 9, 201.

7. From January 6, 2014 to May 10, 2014; and from February 25, 2015 to February 25, 2015, at the National University Hospital;

5. up to 15. In light of the fact that each of the instant crimes was received hospitalized treatment at the University Hospital of the National University of the Republic of Korea, and the symptoms of the instant disease continued, and the background of each of the instant crimes and the circumstances before and after each of the instant crimes, the Defendant was in a state that, at the time of each of the instant crimes, the Defendant had a lack of ability to discern things or make decisions.

The decision is judged.

2) Although the defendant committed an indecent act against a child under 13 years of age in the course of committing an indecent act against the child under 13 years of age and committed an assault and attack, the injury to another prisoner during the detention warrant, and the two times of sexual assault, etc., there are disadvantageous circumstances, such as the fact that the defendant led to the confession and reflect of the fact of the crime, the degree of the criminal conduct seems not to be significant, the defendant's mental health state seems to have affected the crime, and the defendant deposited cash for the victims (victim E: KRW 3 million).

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