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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 (창원) 2016.07.22 2016노175
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one year of imprisonment) imposed by the lower court on the Defendant and the Defendant and the Defendant’s custody applicant (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to take care of the treatment and custody in spite of the Defendant’s risk of recidivism.

2. The judgment on the defendant's case is that each of the crimes of this case committed each of the crimes of this case without any particular reason by assaulting the victim E, which the defendant was under way without any specific reason, and thereby damaging the cell phone owned by the above victim, and committing an indecent act by force against the victim H, which is a female juvenile, and thus, the nature of the crime and method of the crime is poor, the victim E did not reach an agreement, and the above victim was punished against the defendant. The defendant committed each of the crimes of this case in this case without being aware of the fact that he was sentenced to one year and six months of imprisonment due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under the age of 13) and the suspension of execution was revoked, and the execution of the above imprisonment was revoked, and the defendant committed each of the crimes in this case without being aware of the fact that there was a history of criminal punishment

On the other hand, the fact that the defendant committed each of the crimes of this case in the state of mental and physical weakness due to the e-mail disorder, the victim H was not punished against the defendant, and the defendant's mother's mother must look well at so that the defendant does not repeat the crime, and appeal for the wife, etc. are favorable to the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역 1년 ~ 28년 ◈ 양형기준상 권고 형의 범위...

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