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(영문) 서울고등법원 2015.05.22 2015노434
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

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

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence imposed by the court below on the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") (three years of imprisonment and four years of suspended execution) is too unreasonable.

The court below that ordered the defendant to disclose or notify the personal information for three years, notwithstanding special circumstances that may not disclose or notify the personal information to the defendant in violation of the order to disclose or notify the personal information.

The sentence imposed by the prosecutor of the court below on the defendant is too uneasible and unfair.

The court below's dismissal of a request for an attachment order is improper to dismiss a request for attachment order to the defendant who is likely to repeat the crime.

Judgment

As to the assertion of unreasonable sentencing by the Defendant and the prosecutor on the part of the Defendant case, the instant crime committed an indecent act by forcing the victims of the 9-year-old age 3, who were found in the Defendant’s room operated by the Defendant on a relatively long-term basis on two occasions, and thus, there is a high possibility of criticism in light of the circumstances and content of the relevant crime.

As a result, it seems that age victims and their families have suffered huge mental impulses and pains.

In addition, after the crime of this case was committed, the defendant tried to destroy evidence by eliminating the CCTV images recorded at the scene of the crime from the victim's parents. In the course of the investigation, the defendant denied the crime.

However, the defendant recognized the crime of this case from the court below.

After the judgment of the court below was rendered, the Defendant received psychological counseling and education on sexual assault and received volunteer activities in the local community, and repented his mistake.

The parents of the victims do not want the punishment of the defendant, and the defendant has no record of being punished for the same kind of crime in addition to the punishment by a fine twice.

(b) other.

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