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(영문) 부산고등법원 (창원) 2016.09.28 2016노261
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the Defendant’s case and the case regarding the request for attachment order.

As to this, there was no benefit in the appeal regarding the case of the request for attachment order, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the case of the defendant falls under the scope of the trial of this court.

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of four years, 80 hours, and 5 years of disclosure of disclosed information) is too unreasonable.

3. Each of the crimes of this case, as a child's friendship, the Defendant committed an indecent act by force on two occasions by exposing the chest of the victim D (the name of the victim, 16 years of age), who is a juvenile, or putting the chest into a leash, and inserting the fingers of the victim C (the 15 years of age) as a female her female-gu, on two occasions by inserting the fingers of the victim C (the 15 years of age), and putting them into a fluor, and putting them into a fluor, is an indecent act by force six times, and the nature of the crime and method of the crime are very poor, and the Defendant committed an act of similarity with the victim C, while the Defendant committed the crime against the victim C, the Defendant committed an electrical shock to suppress the victim, up to the flusium, and formed a correct sexual values, thereby causing a very unfavorable sexual humiliation and a sense of sexual humiliation to the victim.

On the other hand, all of the crimes of this case are recognized by the defendant, and the defendant is not subject to punishment for the defendant in the original trial by mutual consent with the victims.

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