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(영문) 부산고등법원 2014.06.11 2014노42
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

Defendant

All appeals by prosecutors are dismissed.

The request for attachment order in the trial shall be dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal is that the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) are deemed to be unfair because the lower court’s punishment (the completion of a sexual assault treatment program for four and a half years of imprisonment) is too unreasonable, and the prosecutor is deemed to be too uneasible and unfair.

B. The crime of this case is highly likely to have committed an indecent act against the victims by taking a physical examination against the victims aged between 9 and 10 by the defendant under the condition that they committed an indecent act against the victims by inserting their sexual organ into the mouth and making them prompt, or by using their chests and frys. Accordingly, it appears that the victims of the young age were suffering from a mental and physical pain. Nevertheless, the fact that the defendant did not agree with the victims is disadvantageous to the defendant.

On the other hand, considering various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances after the crime of this case, etc., the punishment of the court below cannot be deemed to be too heavy or unreasonable, in light of the following: (a) the defendant committed each of the crimes of this case and his mistake in depth; (b) the degree of the tangible force used during the crime of this case is not serious; (c) the defendant has no criminal history; (d) the defendant still has the possibility of edification and improvement as university students; and (e) the defendant's social ties is clear; and (e) the defendant's age, character and behavior, circumstances, and conditions

Therefore, this part of the defendant and prosecutor's argument is without merit.

2. The part of the case for which the attachment order is requested shall be considered to have been requested by the public prosecutor in the trial.

A. The summary of the facts constituting the ground for requesting an attachment order is as shown in the facts constituting the crime of the lower judgment, the Defendant committed a sexual crime on more than two occasions, committed a sexual crime against a person under the age of 19, and is likely to recommit a sexual crime.

(b) the probation of a particular criminal; and

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