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(영문) 대구고등법원 2017.12.21 2017노468
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

The court below dismissed the prosecutor's request for an observation order for the protection of the defendant while pronounced guilty on the part 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 decision of the court below on the summary of the grounds for appeal (two years and six months of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the circumstances favorable to the Defendant include: (a) the fact that the Defendant appears to reflect the mistake while attempting to commit the crime; (b) the degree of the type of the Defendant’s exercise is not much much serious; and (c) the fact that there is no record of sexual assault crime

On the other hand, the Defendant, who is 45 years of age, was seated in the Library.

The 11-year-old female children were frightened with her her m and chest, and her her m and chest with her her m and her fel, and her her m and chest, in light of the details of the crime and the interview with the manual, the victim’s age, etc., the crime and her fright and bad her fright and her fright, and the victim appeared to have caused considerable mental shock and sense of sexual shame, and the victim seems to have been seriously affected by creating sexual identity and sense of sexual shame in the future growth process, and the fact that the victim did not receive a letter from the victim is disadvantageous to the

As above, the records and changes of the defendant's age, sex and environment, family relation, health status, motive, background, means and consequence of the crime, circumstances before and after the crime are favorable or unfavorable to the defendant, etc.

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