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(영문) 서울고등법원 2014.10.02 2014노2181
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is deemed to be too unhued and unfair.

2. Determination

A. The instant crime committed by the Defendant case is an indecent act by force by force, such as buckbucks and bucks, in which the 15 years old and 16 years old and older, returning home with school uniform, and driving away, and the nature of the instant crime is bad.

As a result of the instant case, the victims were suffering from huge mental pain and sexual humiliation.

There was no measure to recover damage.

However, the defendant committed the crime of this case in the state of mental and physical disability such as stimulative disorder, exposure certificate, etc.

It is against his or her own mistake.

There is no record of punishment for sex crimes prior to the instant case, and there is no criminal record of suspended execution or more, except for those sentenced to suspended execution due to unlicensed driving.

In addition, comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, etc., all of the sentencing conditions and the sentence imposed by the lower court is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower judgment cannot be deemed unfair because it is too un

The prosecutor's assertion of unfair sentencing is without merit.

B. As the prosecutor of a medical treatment and custody, attachment order, and medical treatment order appealed against a prosecuted case, it is deemed that an appeal has been filed regarding medical treatment and custody, attachment order, and medical treatment order request pursuant to Article 14(2) of the Medical Treatment and Custody Act, Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 8(7) of the Act on Pharmacologic Treatment and Custody

However, the prosecutor did not submit legitimate grounds for appeal regarding medical treatment and custody, attachment order, and request for medical treatment order, and there is no reason to investigate and reverse this part ex officio even after examining the judgment of the court below.

3. As such, the prosecutor's appeal is without merit and Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act.

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