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(영문) 부산고등법원 (창원) 2015.04.29 2014노374
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment) imposed by the court below (limited to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) is too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the grounds of unfair sentencing is unreasonable because it is too uneasible and unfair. 2) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances that may not disclose or notify the personal information of the Defendant.

3. The judgment of the court below which dismissed the request for attachment order since the defendant's improper dismissal of the attachment order is recognized to pose a risk of recidivism.

2. Determination

A. Determination of unfair sentencing by both parties on the assertion of unfair sentencing is recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant did not exercise the direct force on the victims, that the degree of indecent act is very heavy, that many juveniles or undergraduates who received extracurricular lessons from the defendant wanting to take the Defendant’s wife, that the defendant has no specific criminal power except for those subject to punishment once by a minor fine in 17 years prior to the defendant’s 17 years ago, and in particular, when the defendant was in a party trial, all of the crimes of this case are recognized as being seriously against each of the crimes of this case.

However, each of the crimes of this case, which are recognized by evidence, evidence law, and legal principles (the grounds for judgment of conviction in the original trial are the five and six pages of the judgment of the court below), is an indecent act against the victims in an opportunity for the victims who have taken lessons in English and foreign languages or forced them to take care of them. Although the defendant is responsible for protecting and educating the victims, the victims cannot be a lifelong cleaning, and the victims have suffered considerable mental suffering. However, the victims cannot be paid damages to the victims or agreed with the victims until the trial of the court.

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