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(영문) 대전고등법원 2020.02.07 2019노466
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)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 lower court’s punishment (five years of imprisonment, etc.) is too unreasonable.

Defendant

In addition, it is unreasonable to order the disclosure and notification of personal information of the person subject to a request for attachment order (hereinafter referred to as "defendants").

B. The lower court erred by ordering the Defendant to attach an electronic tracking device even though the Defendant did not have the risk of recidivism or recidivism of sexual crime, and the period is too long.

2. Determination of the accused case

A. The lower court has repeatedly committed sexual crimes against a child or juvenile during four months in consideration of the following: (a) regarding a prosecuted case against the Defendant; (b) the Defendant reflects the error in depth; (c) the degree of the type used by the Defendant against the victims is not significant; (d) one of the victims has agreed with each other; and (e) the Defendant has no record of punishment for sexual crimes and has no record of suspension of execution or heavier punishment; and (e) the Defendant has repeatedly committed sexual crimes against a child or juvenile by force over several occasions for about four months; and (e) the circumstance and method, period, and frequency of such crimes; and (e) the victim’s age is not very good in light of the victim’s age and possibility of criticism; and (e) there is concern that the victims might not be any favorable influence in forming sexual identity and values in the course of their growth; and (e) the Defendant’s age, character and behavior, environment, motive and circumstance of the crimes; and (e) determined the punishment for the accused case for five years in consideration of various sentencing conditions indicated in the trial after the crime.

In full view of the elements of sentencing and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, the sentencing of the accused case is not determined to have exceeded the reasonable bounds of discretion, and the sentencing of the lower court is determined.

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