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(영문) 대전고등법원 2015.04.10 2014노552
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) had weak mental and physical disorder at the time of the instant crime.

B. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background and content of the instant crime, Defendant’s behavior and attitude before and after the instant crime, which can be seen in light of the pleadings and records, there seems to be somewhat difficult for the Defendant to adapt to daily life due to limited language ability and hearing function, and the value of sex also is somewhat distorted. However, such circumstance alone does not seem to lack the ability of the Defendant to discern things or make decisions at the time of the instant crime.

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

B. As the instant crime was committed in respect of the assertion of unfair sentencing, the nature of the instant crime is very poor as the children were committed in schools to which they should be separately protected.

In full view of the circumstances revealed by the records, including the circumstances determined by the court below, the sentence against the defendant by the court below is appropriate and is not deemed unfair.

Therefore, this part of the defendant's assertion is without merit.

C. On the other hand, the case of the attachment order is deemed to have been lodged pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, while the defendant and his/her defense counsel did not submit any grounds for appeal regarding the case of the attachment order, and there is no ground for reversal of the judgment of the court below even after investigating the case ex officio.

3. Conclusion.

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