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(영문) 광주고등법원 (전주) 2018.08.28 2018노79
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on the part of the Defendant case (limited to 8 years of imprisonment) is too unreasonable.

B. The part of the case for which the attachment order is applied is that the defendant has no record of criminal punishment and will not repeat the crime again.

In light of the circumstances, it is unreasonable for the court below to order the defendant to attach an electronic tracking device because there is no risk of recidivism.

2. Determination

A. The judgment on the defendant's case shows the attitude of reflecting his mistake when the defendant committed the crime of this case in this court, there is no history of criminal punishment against the defendant, the defendant suffers from Compilation mental disorder and has mental disorder and delayed disorder, and some of the crimes are committed with attempted crimes are favorable to the defendant.

However, the crime of this case is committed by an indecent act against six children who are 7 to 9 years of age on several occasions, or by allowing the above children to prompt their sexual organ, and the nature of the crime and the danger of the crime are not good in light of the process of the crime and the form and risk of the crime.

The defendant committed the crime of this case by taking advantage of the circumstances vulnerable to the crime committed by the victims who are children, and took part of the victims into the defendant's residence harshly by means of simple awareness and computer game, and had them do the similarity act. It is highly likely that the defendant is subject to criticism in that the victims who have not been able to have a mature degree of decentralization were the victims to meet their sexual desire.

The Defendant appears to have distorted sexual tendency from male children to feel sexual interest, and five children attending the same elementary school in addition to the victims of the instant crime appears to have suffered the same damage from the Defendant.

The victims are living in the same kind as the defendant.

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