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(영문) 광주고등법원 (전주) 2016.10.04 2016노83
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment, two years of suspended execution, two years of probation, 80 hours of sexual assault treatment, 90 hours of community service, etc.) of the Defendant case is deemed to be too unhued and unreasonable.

B. The judgment of the court below that dismissed the request for an attachment order even if the defendant and the respondent for the attachment order (hereinafter “defendant”) recognize the risk of recidivism of a sexual crime, is improper.

(Preliminary, even in a case where a judgment of suspended execution is rendered against the defendant, the defendant is requested to attach an electronic device to confirm whether matters to be observed within the period of probation pursuant to Article 28(1) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. 2. The defendant's judgment on the part of the defendant's case is a adult, even though he/she has a social responsibility to protect and induce him/her to form a sound sexual morals of children and juveniles, which has not yet been established with the ability to make sexual decision-making, and in light of the fact that he/she made indecent acts by force against the victim, the crime is not good.

However, the crime of indecent act by compulsion in this case is a circumstance favorable to the defendant, such as the fact that the degree of indecent act is not excessive, that the defendant does not want the punishment of the defendant by mutual consent with the victim, that the defendant is constantly receiving hospital treatment on the symptoms of sexually handicapped diseases, and that he is endeavoring to prevent recidivism.

In addition, considering all the conditions of sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, and the scope of the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below against the defendant is too uneasible and unreasonable

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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