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(영문) 광주고등법원 2018.11.15 2018노332
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence is so unfased that it is unfair, and the Defendant is deemed to dismiss the Defendant’s request for attachment order even though it is necessary to attach an electronic tracking device due to high risk of repeating sexual crimes.

2. The Defendant committed an indecent act by force against the victim, who is a child or juvenile of 15 years old or older, who is her natives and children of her natives.

The nature of crime is bad in light of the circumstances of crime and methods of crime, etc.

The victim seems to have suffered a considerable mental impulse due to the instant case.

The defendant also committed the crime of this case during the suspension period of execution due to the same kind of crime.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant has committed a crime and committed a mistake.

The degree of indecent act and tangible power committed by the defendant is relatively weak, and the victim has not been punished.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, sexual conduct, environment, family relationship, and circumstances after the crime, the court below judged that the punishment imposed on the defendant is appropriate, and it does not seem unfair because it is too heavy or unhuable.

Therefore, we do not accept all the defendant's and prosecutor's argument of sentencing.

3. The following circumstances acknowledged by the record on the part of the request for attachment order, namely, the assessment of the Defendant’s risk of recidivism at the level of 9 points in total as a result of the assessment of the Defendant’s risk of recidivism (K-SORS), and the assessment of the risk of recidivism at the level of 18 points in total as a result of the assessment of the risk of recidivism by PC-R (PCL-R), and the Defendant’s assessment of the risk of recidivism at the level of 18 points in total.

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