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(영문) 부산고등법원 (창원) 2013.10.18 2013노103
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court to the defendant and the person against whom the attachment order was requested (hereinafter “the defendant”), (4 months of the suspended sentence and the suspended sentence) is too uneasible and unreasonable.

B. It is unreasonable for the Defendant to dismiss the request of the first instance court for an attachment order of an electronic tracking device because it is dangerous to recommit a sexual crime.

2. Determination

A. As to the assertion of unfair sentencing, the Defendant committed an indecent act against the victims who are female high school students in the vicinity of high school, and the nature of the crime itself is very poor, and the victims seem to have received considerable mental impulses, etc. are recognized as disadvantageous sentencing factors.

However, it is also recognized that there are more favorable sentencing factors such as the fact that the defendant recognizes his own crime and reflects his depth, that the victim does not want the punishment of the defendant, that the defendant does not want the punishment of the defendant with disabilities of class 1 with intellectual disability, that there is no history of criminal punishment so far, that there is no history of criminal punishment so far, that the birth and birth of the defendant and social relationship or social relationship of the defendant do not protect the defendant, and that the defendant does not want to care again.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence sentenced by the first instance court is deemed appropriate, and it is deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

B. The first instance court dismissed the Defendant’s request for the attachment order of this case pursuant to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that the Defendant’s suspension of sentence regarding the specific crime case.

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