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(영문) 부산고등법원 2016.08.11 2016노347
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by Defendant 1) The sentence sentenced by the lower court to the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (an order to attend a sexual assault treatment lecture for 4 years and 40 hours) is too uneasy and unreasonable.

2) The lower court exempted the Defendant from the disclosure and notification order despite the risk of recommitting a sexual crime, in light of the following: (a) details, means, and methods of the instant crime committed in violation of the disclosure and notification order; and (b) thereby, erred by misapprehending the legal doctrine

B. It is improper for the court below to dismiss the defendant's request for attachment order even if the defendant's request for attachment order risks repeating a crime

2. Determination

A. Defendant 1’s portion of the case was examined to determine the unfair argument of sentencing, and the Defendant’s crime of this case committed by the Defendant was committed by force several times as stated in the judgment of the court below, with the responsibility to properly guide and protect the victims who are the teachers so that they may have a sound sexual ethics. The Defendant committed the crime of this case, which was committed by the Defendant, but committed an indecent act by force on several occasions as stated in the judgment of the court below, such as the crime’s details, means, methods, and results, the period and frequency of the crime, and the frequency of the crime, etc., that the nature of the crime is not easy, and it appears that the victims under the age might have suffered a large mental shock due to the crime of this case. However, there were no extenuating circumstances, on the other hand, the Defendant recognized all of the crime of this case and committed the

A statement is made, under the favorable circumstances such as the fact that the victim does not want the punishment against the defendant by agreement with all victims and their parents, and that there is no criminal history against the defendant, and other circumstances after the crime are committed, such as the age, sex, environment, motive, means, and consequence of the crime in this case.

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