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(영문) 대구고등법원 2016.05.12 2016노100
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (five years of imprisonment) sentenced by the lower court to the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is deemed to be too uneasible and unfair.

B. The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, despite the risk of repeating a sexual crime.

2. Determination

A. As to the wrongful assertion of sentencing, the crime of this case is an indecent act committed by the Defendant on two occasions by threatening the victim of the third degree of intellectual disability (17 years) who is the friendship of the C in a de facto marital relationship, by threatening the victim of the third degree of intellectual disability (17 years), who is a de facto marital relationship, and inserting the finger and the finger. It is serious that the crime is committed.

Although the defendant's criminal act had a huge impact on the victim and the victim's mother, the defendant did not receive a letter of suspicion from the victim.

On the other hand, the defendant has committed all crimes with the investigative agency, and is in profoundly against the mistake.

The defendant has no record of punishment for the same kind of crime, and that he/she is not a year of elementary school is all academic background.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem to be unfair because the sentence is too uneasible.

Therefore, the prosecutor's assertion on this part is not accepted.

B. As to the assertion on the part of the claim for attachment order, the risk of recidivism of a sexual crime under Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders is not sufficient enough to repeat the crime, and it is highly probable that the person requested to attach an attachment order will destroy the legal peace by committing a sexual crime again in the future.

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