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(영문) 부산고등법원 2014.09.24 2014노398
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case on the grounds that the lower court’s imprisonment (two years and six months of imprisonment, three years of probation, two years of probation, and forty hours of taking sexual assault treatment courses) is unreasonable. 2) The lower court’s failure to impose an order to disclose and notify personal information on the Defendant and the person subject to an order to attach an attachment order (hereinafter “the Defendant”) although there are no special circumstances under which disclosure and notification of personal information may not be disclosed or notified to the Defendant.

B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order risks recommitting a sexual crime.

2. Determination

A. The Defendant case part 1) The crime of this case on the assertion of unfair sentencing is an indecent act committed by the Defendant, which is merely six years of age, by viewing the victims who were merely six years of age from their home and responding to the influence of alcohol, and in light of the method of the crime and the age of the victims, and the fact that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant. However, the Defendant’s use of force and indecent act is relatively small, but there is no particular criminal history except for punishment for drinking and driving without a license, and there is no history of sexual crime, and there is no history of sex crime, and there is no possibility that the Defendant will contact with the victims any longer, the Defendant is obvious, and other various conditions such as the Defendant’s age, character and behavior, environment, the circumstances after the instant crime, and the sentencing guidelines of the Sentencing Committee, the lower court’s punishment is too unreasonable. Accordingly, the prosecutor’s assertion on this part of this case’s order for disclosure and exemption of notice is without merit.

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