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(영문) 서울고등법원 2016.03.18 2015노3461
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), the Prosecutor requested the attachment order of an electronic tracking device to the Defendant by ex officio prior to the judgment on the grounds for appeal by the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”), and the court rendered a decision to jointly examine the case in which the Defendant and the person to whom the attachment order was requested, and the court rendered a decision to jointly examine the case in which the application for the attachment order was filed with the Defendant and the case

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Protection of Juveniles against Sexual Abuse and Article 7 (2) 2 (escape of Similar Acts) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 7 (3) of the same Act, Article 298 of the Criminal Act (the point of each forced indecent act, the choice of each imprisonment with labor);

1. Article 52(1) and Article 55(1)3 of the Criminal Act to mitigate self-denunciation (as to each of the crimes of this case), Article 52(1) and Article 55(1)3 of the Criminal Act

1. The aggravated punishment for concurrent crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Act on the Protection of Juveniles from Sexual Abuse, of which punishment is the largest);

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

1. The proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the defendant is a primary offender who has no record of punishment for a sex offense) of the exempted child from an order of disclosure and notification.

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