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(영문) 서울고등법원 2017.11.21 2017노2884
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced against the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unreasonable. (1) The sentence that the court below sentenced against the defendant (two years of imprisonment) is unfair.

It is unfair that the court below ordered the disclosure and notification of the defendant's personal information for a period of five years.

2) Although the risk of repeating a crime would be lowered if the defendant for whom a request to attach an electronic tracking device is filed, it is unreasonable for the court below to order the defendant to attach an electronic tracking device for a period of six years.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

2. Determination

A. Part 1 of the case regarding each of the offenses in this case by the Defendant and the Prosecutor’s each of the offenses in this case, and the Defendant’s error is against one’s own fault. The Defendant appears to have committed each of the offenses in favor of the Defendant, even before committing each of the offenses in this case, under the circumstances where the Defendant was unable to discern or make a decision on the subject matter, prior to committing each of the offenses in this case, and the Defendant appears to have committed each of the above offenses.

However, on May 4, 2017, from around 12:50 to around 15:35, the day of the instant case, the Defendant continuously committed each indecent act against five victims, including the victim E, the 11-year-old victim P, the 14-year-old victim H, and the 14-year-old victim H, and the quality of such crime is very poor.

Furthermore, even though the defendant had been sentenced two times due to the same crime, the defendant has committed each of the crimes of this case.

The victims are forced to commit indecent acts in public places, such as roads, parks, bus stops, etc., and they seem to have suffered a considerable sense of sexual humiliation and mental shock along with it. In particular, victims of minor children have formed psychological growth and sound sexual identity and values in the future.

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