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(영문) 대전고등법원 (청주) 2015.06.25 2015노27
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 10 months of imprisonment, 5 years of disclosure and notification of information, 5 years of attachment of location tracking device) of the lower court is deemed to be too unfeasible and unfair.

2. Determination:

A. As to the Defendant, the lower court sentenced the Defendant to a punishment of 10-month, 5 years of disclosure and notification, 5 years of electronic tracking device attachment, 5 years of imprisonment, and 5 years of electronic tracking device attachment, considering the circumstances cited in the grounds of appeal in light of the record, the lower court’s sentencing is not deemed unfair, even if it is considered that the Defendant was sentenced to a punishment of 10-month, information disclosure and notification, 5-year punishment, and 5-year punishment in light of the circumstances cited in the grounds of appeal, such as the following: (a) the crime of this case was committed by force by force on the part of the victim who did not have been frighten in the way of a repeated crime due to sexual assault; (b) the quality of the crime was inferior; and (c) the victim appears to have been frightd with a considerable sense of sexual humiliation and fear of fear.

The grounds for appeal are without merit.

B. As long as a prosecutor filed an appeal against a prosecuted case regarding the case claiming an attachment order, the part of the judgment below which cited the request for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is deemed to have filed an appeal. However, the prosecutor did not submit any grounds for appeal as to this part, and even if examining the case ex officio, it does not appear that there exists grounds for

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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