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(영문) 서울고등법원 2014.10.30 2014노2169
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s determination that each crime committed by the Defendant and the respondent for attachment order did not reach the assault or intimidation required for the crime of indecent act by force, and merely merely commits a simple indecent act at a public gathering place, the crime should be based on substantive concurrent crimes, not on the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse or the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at a public gathering place).

Nevertheless, the judgment of the court below which recognized the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse as a substantive concurrent crime and the crime of indecent act by compulsion is erroneous in the misapprehension of

(2) The sentence (one year and six months of imprisonment) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is unreasonably heavy.

(3) Considering the circumstances leading up to each of the instant crimes, the exercise of tangible power and the degree of indecent conduct, and the fact that the Defendant actively endeavored to provide treatment, it is unreasonable for the lower court to order the Defendant to notify the disclosure of personal information for three years.

(4) As alleged in the misapprehension of the legal principle as to the illegality of attachment orders, each crime of the lower judgment constitutes a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place), and thus the Defendant is not subject to attachment of an electronic tracking device.

Even if the defendant is a person subject to location tracking electronic device attachment, each crime in the judgment of the court below is based on the defendant's military register increase, and the defendant is able to concentrate on medical treatment with the help of his family, and in light of the circumstances of this case, place of crime, degree of indecent act, etc., the court below affix a five-year location tracking device to the defendant.

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