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(영문) 대구고등법원 2016.10.27 2016노420
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to

2. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

3. The crime of this case is an indecent act committed by the Defendant on the ground that the Defendant committed an indecent act by force, by sparing, or sparing, a large number of unspecified female children playing in the playground on the spot.

Although the victims argued that they had committed such acts, the victims and their families appear to have received a considerable sense of sexual humiliation and mental impulses due to the Defendant’s crime. In particular, even until now, the victims H expressed a large amount of emotional distress, such as that it is difficult to speak in daily life, and that the Defendant would be able to kill and die, and that it would be good for the Defendant to live in a lifelong prison, and that the family members who observe this is also unable to feel.

Although the defendant was committed, the victim D and E's legal representative did not want to be punished by the defendant, considering the circumstances that there is no previous conviction, the defendant's age, character and conduct, environment, motive for the crime, including the above circumstances, is considered.

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