(영문) 부산고등법원 2015.01.07 2014노634 | 리걸엔진

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(영문) 부산고등법원 2015.01.07 2014노634

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") by the lower court

2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the personal information to the accused, it is unfair that the court below did not impose an order to disclose or notify the personal information to the accused, in the absence of any such special circumstance as not to disclose or notify the accused of the exemption from disclosure or notification order.

B. It is improper for the court below to dismiss the defendant's request for attachment order even though the defendant's request for attachment order risks recommitting a sexual crime.

2. Determination

A. As to the claim of unfair sentencing on the part of the defendant's case, the crime of this case was committed by the defendant at a soup and so on that person's 7 years of age was indecent act by compulsion, and the nature of the crime is poor. Even on September 20, 2010, the defendant was charged with indecent act by compulsion against a female under the 19 years of age in the soup and so on, even though he had the record of being subject to a disposition not to prosecute by the prosecutor on November 29, 2010 according to the victim's refusal to punish the victim, the defendant again committed the crime of this case, and the victim again committed the crime of this case, and the victim seems to have suffered considerable mental shock, and such mental shock seems to have a negative influence on the growth of the victim in the future, and even though the defendant did not reach an agreement with the victim, it is disadvantageous to the defendant.

However, it is relatively minor that the extent of the criminal defendant's exercise of power is relatively minor and that the degree of indecent act is not excessive, that the defendant confessions the crime of this case from the investigation stage to depth, that the defendant has no record of criminal punishment for the same kind of crime except for those subject to a disposition that has no right to institute prosecution as above, and since 199, there is no record of criminal punishment heavier than suspended execution, and that the defendant is the victim.

유사 판례

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