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(영문) 대구고등법원 2016.04.07 2016노14
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) Since the Defendant’s part of the case where the attachment order is requested is likely to recommit a crime, the attachment order request should be accepted.

2. Determination

A. As to the allegation of unfair sentencing by the Defendant and the Prosecutor, the instant crime was committed by inducing the victim, who is merely 17 years of age, to drink and drink alcohol at his house, and kisk, and the victim tried to do kis, and the victim kisc, followed by the victim, was kising the victim on a car, and then kiscing the victim into a negative part, and the crime is not highly likely to be committed.

The victim appears to have suffered significant mental shock and pain due to the crime of this case, and the mother of the victim and the victim wanted to punish the defendant with severe punishment, and did not recover from the damage.

On the other hand, the defendant, who has no record of criminal punishment, is under the view of committing a crime and is against the wrongness, and the crime of this case seems to have been committed by the defendant under the influence of alcohol.

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, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence imposed by the Defendant is too heavy or unreasonable.

Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.

B. As to the part of the request for attachment order, the risk of recidivism of a sexual crime as provided by Article 5(1) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders is the same.

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