(영문) 광주고등법원 2015.04.30 2015노80 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2015.04.30 2015노80

성폭력범죄의처벌등에관한특례법위반(절도준강제추행)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court’s sentence is too unfilled and unreasonable. 2) The Defendant in the instant case requesting an attachment order need to attach a location tracking electronic device because it is highly likely to repeat sexual crimes.

Nevertheless, it is unreasonable for the court below to dismiss the request for the attachment order of this case.

2. Determination

A. The circumstances favorable to the Defendant include: (a) the Defendant’s and the prosecutor’s assertion of unfair sentencing are divided into his mistake; (b) the degree of indecent act by compulsion is relatively minor; and (c) the Defendant has no criminal record of having been sentenced to a suspended sentence.

On the other hand, the crime of this case is an unfavorable circumstance against the defendant, such as the following: (a) the crime of this case committed by force by force against the victim who was 12 years of age by intrusion upon the victim's residence living alone; and (b) it appears that the victim suffered a considerable mental shock; (c) the victim was not able to obtain a letter from the victim; and (d) the defendant has the same kind

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, the circumstances leading up to the instant crime, and the sentencing guidelines of the Sentencing Committee (two years to six months to five years), etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, we do not accept the argument of unfair sentencing by the defendant and prosecutor.

B. The lower court in the case claiming an attachment order: (i) the Defendant’s risk assessment (KSORAS) was found to be “13 points” as a result of the Defendant’s risk assessment of a sex offender in Korea; (ii) the risk of recidivism was assessed to be “13 points”; (iii) the risk of mental disorder was assessed to be “aggravated” as a result of the assessment of the PC-R’s selection scheme (PCL-R); and

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