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(영문) 대구고등법원 2019.01.16 2018노383
아동ㆍ청소년의성보호에관한법률위반(장애인추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the original court's imprisonment (one year and six months of imprisonment, and two years of suspended execution) is too unhued and unreasonable;

(C) The Majority Opinion argues that the Defendant’s request for an attachment order to an electronic device is too severe to exempt the Defendant from disclosure, notification, and employment restriction orders while rendering a suspended sentence (see, e.g., Supreme Court Decision 200Do14

A. The crime of this case in the part of the defendant's case is an indecent act against the victim who is a child or juvenile with mental disorder on two occasions, and the quality of the crime is not weak in light of the background of the crime, the part of the indecent act, and the degree of the indecent act.

In addition, the defendant tried to attempt to have sexual intercourse with the victim.

The victim seems to have been significantly shocked by the crime of this case.

However, the defendant recognized his criminal act, and has not been punished for the same kind of crime.

When paying a certain amount of money to the victim, the victim does not want the punishment of the defendant.

In addition, considering the various factors of sentencing indicated in the arguments in this case, including the Defendant’s age and health status, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is too unjustifiable (in light of the records in this case, it is also deemed reasonable that the lower court exempted the Defendant from the disclosure and notification order and employment restriction order on the grounds as stated in its reasoning). The Prosecutor’s assertion is unacceptable.

B. The lower court rejected the request for the attachment order of this case, and the prosecutor asserts that the lower court dismissed the request for the attachment order of this case while issuing an excessive suspension of execution to the Defendant case.

According to Article 9 (4) 4 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, probation is suspended.

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