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(영문) 대구고등법원 2019.01.10 2018노423
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the person subject to an application for an attachment order (hereinafter “Defendant”) (limited to imprisonment with prison labor for six years and five years and employment restrictions on children and juveniles-related institutions) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to disclose and notify the personal information for five years.

C. It is unreasonable for the lower court to order the Defendant to attach or attach an electronic tracking device for six years, even though it cannot be readily concluded that the Defendant’s improper attachment order of a location tracking device is highly likely to recommit a sexual crime.

2. Determination

A. Examining the various sentencing conditions in the instant case on the assertion of unfair sentencing, the following facts are as follows: (a) the Defendant committed the instant crime and against his mistake; (b) the amount of damage caused by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is relatively small; (c) the Defendant recovered part of the stolen damaged goods; (d) the Defendant was disabled at Grade 3 and Grade 3 of visual disability; (b) the Defendant’s visual disability worsens; (c) the Defendant’s current coordinates are real name, high possibility of friendly real name; (d) there are circumstances that the Defendant was growing in the family environment where the Defendant was in a short time, and the Defendant’s mother was born in a long-term household environment; and (e) there is an old dementia symptoms; and (e) the Defendant was living a prison life for a total period of 22 years and 11 months; (b) however, at the time of the Defendant’s investigation into the Defendant’s request, it does not seem completely favorable to the Defendant’s social relationship with the Defendant.

On the other hand, on February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny in the Daegu District Court, Dong Branch of the Daegu District Court, for one year and three months, and on September 8, 2016, in the Daegu District Court Kimcheon Branch, for one year, and on July 2017.

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