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(영문) 부산고등법원 2013.07.25 2013노227
중감금치상등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. As to the part of the case of the defendant, 1) mistake of facts (the defendant) and the person who requested an attachment order (hereinafter referred to as the "defendant")

(2) The lower court’s judgment did not engage in indecent acts, such as the crime Nos. 1 and 3 of the 2012 Gohap1070 case, and there was no fact that partially harsh conduct was committed with respect to the crime No. 6, but did not place victims under confinement. 2) The lower court’s sentencing (a fine of three years and six months, completion of sexual assault treatment programs, 80 hours, information disclosure, and notification 5 years) is too heavy or too harsh.

B. As to a case for which an attachment order is requested, a defendant is likely to recommit a sexual crime.

2. Determination

A. According to the evidence duly examined in the lower court’s judgment on the assertion of mistake of facts, it is sufficiently recognized that the Defendant committed indecent act by force against the victim D, F, and E, as stated in the judgment of the lower court, as stated in Articles 1 and 3 of the Criminal Act, and that the victim D, F, and E, who were under confinement as stated in the crime No. 6 of the Criminal Act, committed a cruel act, thereby causing injury to the above victims. Therefore, the Defendant’s assertion of mistake of facts is without merit. 2) The instant crime of this case was committed several times, and there is no reason to believe that the Defendant committed the crime of this case on the assertion of unfair sentencing against the victim, who is a child or juvenile vulnerable to the crime, committed a repeated act due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and suffered injury by treating the victims, who were at risk of committing the crime, and it is inevitable to exercise violence as well as injury, and the victim’s physical and mental punishment is severe due to the crime of this case.

(b).

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