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(영문) 서울고등법원 2019.03.29 2019노178
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The appeal filed by the defendant, the person subject to the attachment order and the person subject to the probation order and the prosecutor is dismissed.

Reasons

1. The court below dismissed the prosecutor’s request on the part of the request for probation order, citing the prosecutor’s request on the part of the request for the attachment order, while issuing a conviction as to the prosecuted case, and the court below dismissed the prosecutor’s request on the part of the request for the attachment order. Accordingly, the defendant, the person to whom the attachment order was requested, the person to whom the probation order was requested, and the

Therefore, among the judgment below, the part of the case of probation order request which the court below dismissed the prosecutor's request is not subject to the judgment of this court, since there is no interest in appeal notwithstanding the legal fiction of appeal.

2. Summary of grounds for appeal;

A. Defendant 1’s imprisonment with labor and imprisonment with labor (three years and six months, etc.) declared by the lower court is too unreasonable.

(2) It is unfair that the court below orders the disclosure and notification of information on the defendant for five years, in spite of special circumstances that prevent the disclosure of personal information of the defendant involved in an improper order of disclosure and notification.

(3) The court below's order to attach an electronic tracking device to the defendant for six years, although the defendant was not in danger of the recidivism of sexual crime and the recidivism.

B. Prosecutor (1) The sentence imposed by the lower court is too uneasible and unreasonable.

(2) Where the court below orders the defendant to attach an electronic tracking device for six years because it is too short that the period of attachment order is likely to recommit a sexual crime.

3. Determination

A. The crime of indecent act by compulsion by force of the Defendant and the prosecutor on the assertion of unfair sentencing by force of the Defendant and the prosecutor is very poor that the crime of indecent act by force of the victims is committed by the Defendant’s 10-year-old female children playing at the school playground by inducing the victims’ body or by leaving her her her her her her her her her her her her

(q).

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