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(영문) 서울고등법원 2016.04.27 2015노3176
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Of the disposition of the lower court, the fourth order is as follows.

Reasons

1. The lower court sentenced the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), to a judgment ordering the attachment of an electronic tracking device for five years with respect to the part of the case for which the Defendant and the person to whom the attachment order was requested, and the part for which the attachment order was requested. However, the lower court sentenced the prosecutor’s request regarding the part for the protective observation order.

Despite Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, this part was excluded from the scope of the judgment of the court, as there was no benefit in appeal regarding the part of the claim for the order to observe the protection, as only the defendant appealed.

2. Summary of grounds for appeal;

A. The Defendant, misunderstanding the Defendant’s phone number 1), only stated that the victim was informed of his phone number, and there was no difference between the victim and the victim or anywhere.

Even if the defendant had contacted the victim's body,

Even if the defendant did not commit an indecent act, it is only a behavior to mislead the victim, and there was no intention to commit an indecent act.

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

3) There are special circumstances to exempt the Defendant from disclosure disclosure notification order.

B. A part of the case for which an attachment order is requested is not likely to recommit a sexual crime.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court’s judgment as to the part of the Defendant case: (a) The victim’s statement that corresponds to the facts charged in the instant case can be sufficiently reliable; and (b) comprehensively taking account of the victim’s statement and the remaining evidence, the Defendant may fully acknowledge the facts of indecent act against the victim.

The decision was determined.

(1) A victim shall be injured by an investigative agency.

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