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(영문) 대구고등법원 2016.09.29 2016노263
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable, where the Defendant and the person who requested the attachment order (hereinafter “Defendant”) were sentenced to an improper sentence.

2) It is too harsh to order the Defendant to attach an electronic tracking device even though the Defendant does not pose a risk of recidivism in the part of the case where the attachment order is applied.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant committed the instant crime in the part of the instant case is very heavy in light of the background, degree, means, and method of the crime, the number of victims, and the frequency of the crime, taking the victim’s legs, bucks, and bucks, which are merely 14 years of age and 15 years of age, and forced the victims to commit an indecent act, and transmitted the victims’ videos or photographs taken during the crime to the victims.

As a result, victims and their families seem to have suffered great sexual humiliation and mental impulses.

The Defendant did not receive a letter from the victim D, and did not take any measures to recover any particular damage.

The Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of three years on the one year and six months of the suspended sentence due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse in 2014 and a public performance obscene crime. On the other hand, the Defendant committed the instant crime.

Defendant

The court below paid the agreed amount to the victim H, and did not want the defendant's punishment in the above victim's side.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem that the sentence is too heavy or unreasonable.

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