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(영문) 대구고등법원 2017.06.01 2017노154
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The summary of the grounds for appeal in the part of the case against the defendant (a period of one year and three years of imprisonment and a disclosure and notification of information) by the court below in light of the various sentencing conditions in this case is so excessive that it is unfair (the defendant suffering from stimulative disorder in the reason for appeal) (the defendant suffering from stimulative disorder in the form of two-years of imprisonment with prison labor). However, although the defendant alleged to the effect that the crime in this case was committed since he did not take place at the time of appeal, the defendant revoked the above argument to the purport that he was disputing mental disorder at the first trial date in the trial of the trial of the first instance, and the defendant argued that the above argument of mental disorder cannot be a legitimate ground for appeal and ex officio

The lower court’s order to attach an electronic tracking device for a period of three years is unreasonable.

Judgment

Examining the various sentencing conditions of the Defendant in the part of the instant case (with regard to the wrongful assertion of sentencing), the following are favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the injured party does not want the punishment of the Defendant upon agreement with the victim; and (c) the Defendant suffers from a polar disorder; and (d) the Defendant’s mental disorder appears to have a certain degree of impact on the instant crime.

On the other hand, the crime of this case was committed by the defendant at the hospital's rest room at the low time.

In light of the method and contents of the crime, the age of the victim, who is a female juvenile at 15 years old, committed an indecent act by force by deceiving the father and chest of the victim, and the method and contents of the crime, and the age of the victim, etc., the crime is not good and the circumstances of the crime are very heavy, and the defendant was committed in front of the phrases on February 2, 2007.

The 11-year old female children were sentenced to a suspended sentence of three years for a year of imprisonment with prison labor due to an indecent act committed by force by inducing them to post, and the bus was waiting on January 6, 2015.

The permission of female juveniles of 15 years old shall be granted.

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