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(영문) 대구고등법원 2014.07.21 2014노36
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the sentence imposed by the lower court to the Defendant and the person against whom the attachment order was requested (hereinafter “the Defendant”), (two years of imprisonment, three years of suspended execution, three years of community service, 120 hours of sexual assault treatment, and 80 hours of sexual assault treatment order), is too unfasible and unreasonable.

B. It is unreasonable for the court below to dismiss a prosecutor's request for attachment order even though the defendant's request for attachment order risks repeating sexual crimes.

2. Determination:

A. The crime of this case on the part of the defendant's case is not appropriate in that the defendant committed an indecent act against the victim on the living side by committing an indecent act against the victim on the living side by one hour at the delivery of the neighboring person.

However, in light of all the factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too far within the appropriate scope of the punishment corresponding to the criminal liability, as it is too unreasonable, is considered unfair, in light of the following: (a) the Defendant’s act is against himself and the mistake is committed; (b) the victim did not wish to punish the Defendant; (c) the victim was not committed by agreement with the injured party; and (d) the Defendant did not have any criminal records and criminal records of the same kind; and (e) the Defendant’s age, character and behavior, environment, motive, means, consequence, and circumstances after the crime.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

B. According to Article 9(4)4 of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders on the part of the case for which the request for an attachment order is made, when a suspended sentence is imposed with respect to a specific crime case, the request for the attachment order shall be dismissed, not for the purpose of checking whether the matters to be observed are observed while issuing

As seen earlier, the defendant shall be put on probation.

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