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(영문) 광주고등법원 2014.05.01 2014노62
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
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 eight months.

except that this shall not apply.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the court below (the completion of the sexual assault treatment program at least 10 months of imprisonment, 8 months of short-term, 40 hours of imprisonment) is too unreasonable.

The lower court’s sentence of the Defendant’s case against the prosecutor is too uneasible and unreasonable.

It is unreasonable for the court below to dismiss the defendant's request for an attachment order against a juvenile under the age of 19, even though the defendant has committed a sexual crime against him/her, and in light of the circumstances and methods of the crime, etc., he/she again commits a sexual crime.

The defendant and the prosecutor's argument about the defendant's case are also examined.

The defendant made several times of indecent acts by force against the victim by allowing him/her to quickly, and furthermore, he/she took money and valuables from the victim and assaulted the victim several times. The nature of the crime is very heavy.

Furthermore, it is an unfavorable sentencing factor, such as the fact that the victim appears to have suffered a huge mental pain up to the present day due to the defendant's crime, that the defendant did not receive a letter from the victim, and that the defendant received a probation order around September 2013 due to the fact of indecent act by force against male juveniles by means similar to the instant case, but he committed some of the instant crimes during the probation period.

However, in addition to the fact that the defendant himself talks about a counseling teacher and commits a crime while being subject to a protective disposition as above, some of the criminal facts of this case are committed before the protective disposition is imposed, that the defendant is a juvenile, that there is no record of criminal punishment other than the protective disposition until now, and that the defendant is against the life of approximately three months through the protective disposition, the sentence of the court below is somewhat unreasonable.

As a result, the defendant's appeal against the defendant's case is reasonable, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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