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(영문) 부산고등법원 2018.02.08 2017노732
아동ㆍ청소년의성보호에관한법률위반(유사성행위)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment of conviction on the Defendant’s case, and rendered a judgment dismissing the prosecutor’s request regarding the request for attachment order, and only the Defendant filed an appeal.

Therefore, there is no benefit in filing an appeal with respect to the claim for attachment order against the Defendant. Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, a legal fiction of appeal, and the Electronic Monitoring, the part of the judgment below regarding the claim for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part of the judgment of the court below regarding the defendant

2. The decision of the court below on the gist of the grounds for appeal (such as imprisonment with prison labor for a period of four years) is too unreasonable.

3. We examine the judgment, the circumstances favorable to the defendant, which were shown in the proceedings of the court below and the court below (the defendant led to the confession of the crime of this case in the court below and the court court of the first instance, and his mistake is divided in depth.

In addition, even though the defendant was sentenced to three years and six months for robbery, etc. at the Daegu High Court on January 23, 2014 and completed the execution of the sentence on September 8, 2016, he repeatedly committed the crime of this case during the period of repeated crime, and the victim seems to have been subject to mental shock and sexual humiliation due to the crime of this case committed by the defendant, and the victim seems to have been subject to the mental shock and sexual humiliation of the 14 years old juvenile under the same circumstance as the criminal facts stated in the judgment of the court below. The crime of this case committed by the defendant. It is difficult to recover such suffering easily.

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