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(영문) 대구고등법원 2018.01.25 2017노537
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for two years.

For the defendant.

Reasons

The court below dismissed the prosecutor's request for an observation order on the defendant's protection while pronounced guilty of the defendant's case, and only the defendant appealed.

Therefore, the part of the judgment below regarding the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., since there is no benefit of appeal. The scope of the judgment of this court is limited to the part of the

The summary of the grounds for appeal (the imprisonment of three years, the completion of the sexual assault treatment program 40 hours, the disclosure of personal information and the notification 5 years) imposed by the court below is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the instant crime committed by the Defendant, who had served as the co-ordification and supervision of the E Team at the D School and the Daegu City Sports Association, committed an indecent act against male students at the said school on four occasions from February 2, 2017 to March 17, 2017, by committing sexual abuse at the same time, such as dancing or spreading the part of the ship and the sexual organ, and committed sexually ill-harm, and the Defendant’s entrance who graduated from the said school and assisted the Defendant three times from December 2, 2014 to May 2015, he/she refused the Defendant’s sexual desire or prompt, and committed an indecent act by force between the victims of the Defendant’s sexual organ and the buckbuck. In light of the process and method of the instant crime, the number of times, the relationship between the victims and the bucks, etc., the victim’s sexual desire to safely protect the Defendant’s sexual desire and the Defendant’s sexual humiliation’s sexual desire that did not meet his/her responsibility.

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