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Reasons
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(영문) 서울고등법원 2013.04.11 2012노4472
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
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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 (five years of imprisonment and ten years of disclosure of information) against the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination:

A. The part of the defendant's case (e.g., in the case of the case of the case of the case of the case of the case of the case of the case, the defendant recognized the crime of the case of the case of the case of the case of the case of the case of the case of the case and against the victim's wrongness, and it seems that the victims' exercise of force against the victims seems not to be severe. On the other hand, the crime of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the case of the defendant of this case is an indecent act such as the defendant's appearance of his house by inducing the victims of the age of 3 and the age of 6 to her house, and the crime of the defendant of this case of the crime of the case of the case of the case of the case of the case of the case of the case of the defendant of the same kind of crime of 205, the defendant did not take measures to recover any damage to the victims.

B. As long as the Defendant and the prosecutor filed an appeal against each prosecuted case, each appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is deemed to have been filed. However, the Defendant, the defense counsel, and the prosecutor did not submit any grounds for appeal as to this part, and even if examining the lower judgment, there is no reason to investigate and reverse this part ex officio.

3. Conclusion.

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