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(영문) 광주고등법원 (전주) 2017.08.08 2017노82
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
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. Defendant and the person requesting an attachment order (hereinafter “Defendant”)

The sentence of the lower court (three years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

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

B) In light of the legal principles as to the disclosure notification order, the Defendant’s disadvantage and side effect due to the disclosure notification order cannot be less than the profit and preventive effect expected due to the disclosure notification order. Therefore, the lower court erred by misapprehending the legal principles as to the disclosure notification order, thereby adversely affecting the conclusion of the judgment.

2) The lower court’s dismissal of the Defendant’s request for an electronic device attachment order against an electronic device attachment order is unreasonable as it erred by misapprehending the legal doctrine regarding the risk of recidivism.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is a sexual intercourse twice by exercising the power of a victim of the age of 15 who became aware of through Internet social relationship network services.

The court below sentenced the defendant to three years, etc. in consideration of the following circumstances: (a) the degree of the tangible force used by the victim is relatively heavy; (b) the defendant was the first offender and all of the crimes of this case are recognized and reflected; and (c) the defendant's age was merely 23 years of age at the time the court below sentenced the court below's decision, and it appears that the defendant had lived faithfully in the difficult environment. However, the crime of this case is very serious; (c) the victim's mental shock caused by the crime of this case is likely to be high; and (d) the victim's mental shock caused by the crime of this case was

The above sentencing conditions and sexual assault crimes against children and young children committed by the court below.

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