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(영문) 광주고등법원 (제주) 2013.11.27 2013노73
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the overall circumstances such as the fact that the Defendant and the requester for an attachment order (hereinafter only referred to as the “Defendant”) appears to have committed several indecent acts by compulsion in the past in addition to each of the instant crimes, and that there is a substantial risk of preventing the Defendant from repeating the crime, the lower court’s punishment (one year of imprisonment, two years of suspended execution, two years of probation, and eight hours of education) is too uneasible.

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

2. Determination

A. The judgment on the part of the defendant's case appears to be highly likely to cause mental impulses received by the victims of the age age due to each of the crimes in this case. However, the defendant's primary crime and all of the crimes in this case are led to confessions and reflects, and the defendant does not want punishment against the defendant by agreement with the victim of the crime in this case. In full view of all of the sentencing conditions indicated in the records of this case, including the defendant's age, character, character and behavior, intelligence and environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's punishment is not deemed to be unfair, and the prosecutor's allegation in this part is without merit.

B. According to Articles 9(4)4 and 28(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders for a judgment on the part regarding the request for attachment order, in principle, a request for attachment order shall be dismissed when a suspended sentence is rendered with respect to a specific crime case: Provided, That where a suspended sentence is rendered with respect to the specific crime case, a request for attachment order may be dismissed in principle: Provided, That where a suspended sentence is ordered to undergo probation while issuing

The sentence of the court below, which sentenced the suspension of execution to the defendant is too serious.

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