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(영문) 서울고등법원(춘천) 2020.08.19 2020노76
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

Defendant

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

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of notification to disclose personal information, five years of restriction on employment, etc.) is too heavy (the Defendant and the respondent for an attachment order) or is too unfasible.

2. Determination

A. The part of the case of the defendant and the respondent for the attachment order (hereinafter referred to as the "defendants") recognize the crime of this case, there is no record of punishment for the crime of this case, and there is no record of punishment for the crime of this case. On the other hand, in the case of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor under thirteen years of age), the crime of indecent act is bad, because the defendant was just seven years of age who was diving in sobrying soup, and the victim was likely to suffer from huge mental shock, but the defendant did not agree or recover from damage, and the mother of the victim wanted the severe punishment of the defendant. In particular, the defendant again committed the crime of this case with the suspension of execution of imprisonment or a fine for the same kind of crime of the same kind, and there is no record of punishment for the crime of this case, and other unfavorable circumstances that the court below sentenced the crime of this case to the defendant's punishment of fine for 2014 due to the crime of the same kind.

B. As long as the defendant and the prosecutor appealed with respect to the part of the case of the defendant case, it shall be deemed that the defendant and the prosecutor appealed with respect to the request for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

However, the defendant and the prosecutor about this part.

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