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(영문) 부산고등법원 2014.05.14 2014노79
미성년자의제강제추행등
Text

The judgment below

The part of the request for attachment order shall be reversed.

The request for the attachment order of this case is dismissed.

Reasons

1. The summary of the grounds for appeal [the defendant and the person to whom the attachment order was requested (hereinafter referred to as the “defendants”)]

[Attachment]

A. The lower court’s sentence (10 years of imprisonment and 160 hours of completion of sexual assault treatment programs) on the part of the Defendant case is too unreasonable.

(b) The location tracking device attachment period (20 years) in the part of the case of the request for an attachment order is too unfair;

2. Determination

A. The following are the circumstances that the Defendant’s judgment on the instant case committed the instant crime: (a) the Defendant was under the command of his mistake in depth; (b) the Defendant did not have any other penal power than sentenced to a fine once in fraud; (c) the Defendant has no power to commit a sex crime; and (d) the Defendant has visual disorder and thus requires the Defendant’s assistance.

However, the crime of this case is the subject of the victim's sexual desire to protect and rear his relative, and the victim has sexual intercourse or indecent act repeatedly over several times for more than four years from the age of 9 to the age of 13, and the nature of the crime is extremely heavy, and the possibility of criticism is high. The victim appears to have suffered considerable mental and physical shock enough that the victim would commit the crime of this case, which is unable to recover easily through life, and the victim's birth seems to have suffered considerable mental shock by witnessing a part of the crime of this case, it seems that he was not able to receive considerable mental shock, the defendant was not able to take advantage of the victim's age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., and the recommended sentencing guidelines set by the Sentencing Commission of the Supreme Court, it does not seem that the sentence of the court below is too unreasonable.

Therefore, this part of the defendant's argument is without merit.

(b) judgment on the case of the attachment order;

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