(영문) 서울고등법원 2016.08.25 2016노1639 | 리걸엔진

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(영문) 서울고등법원 2016.08.25 2016노1639

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case even if the defendant and the person to whom the attachment order was requested (hereinafter the defendant) committed two or more sexual crimes, and the recidivism was committed against those under the age of 19, and the recidivism was dangerous.

2. Determination

A. In light of the fact that the Defendant committed an indecent act by force against the victim C and E, who is a minor under the age of 13, several times, and the nature of the offense is not good, strict punishment against the Defendant is required.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) the Defendant did not have the same criminal record; (c) the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor; and (d) the Defendant agreed with the victims; and (c) the Defendant’s age, sex and environment; (d) the motive, means and consequence of the crime; and (e) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable and thus, the Prosecutor’s allegation in this part

B. According to Articles 9(4)4 and 28(1) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. (hereinafter “Electronic Devices Attachment Act”), a request for an attachment order shall be dismissed when a court declares the suspension of execution with respect to a specific crime case: Provided, That when a court orders a specific criminal offender to undergo protection and observation while suspending the execution of punishment, the court may order the specific criminal offender to attach an electronic device for a fixed period of time within the scope of the protection and observation.

As seen above, the court sentenced the suspension of execution to the defendant.

참조조문

-전자장치 부착 등에 관한 법률 제9조 제4항 제4호

-전자장치 부착 등에 관한 법률 제28조 제1항

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