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(영문) 부산고등법원 (창원) 2017.01.25 2016노396
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the Defendant’s case and the instant case’s request for attachment order.

With respect to this, there was only the defendant's appeal, since there was no benefit in the appeal regarding the case of the request for attachment order, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the case of the defendant falls under the scope of the judgment

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, 40 hours of order to complete a program, and 3 years of order to disclose information) is too unreasonable.

3. The crime of this case is that the crime of this case committed committed an indecent act against the victim, who is the child living on the road of the defendant (the victim, who is the 9-year old-old-age-old-age-old-age-old-age-old-age-of-the-counter-age-age-of-the-counter-age-age-old-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out-out

On the other hand, the fact that the defendant recognized the crime of this case and is against the defendant is favorable to the defendant.

In addition, the above circumstances and arguments, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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