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(영문) 대구고등법원 2016.01.14 2015노599
아동ㆍ청소년의성보호에관한법률위반(위계등추행)
Text

1. The guilty part of the judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Provided, That this shall not apply.

Reasons

1. The lower court acquitted the victim D of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, including deceptive schemes), among the facts charged in the instant case, and convicted the remainder of the facts charged.

Accordingly, the part of the judgment of the court below regarding the guilty was appealed, and the part of the judgment of the court below regarding the acquittal was separated and finalized.

In addition, the court below issued a judgment dismissing the prosecutor's request regarding the part of the case for which the attachment order is requested, and there is no interest in appeal regarding the part of the case for which the attachment order is requested.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the request for attachment order is excluded from the scope of the trial of this court.

Ultimately, the scope of this court's judgment is limited to the conviction of the defendant case.

2. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

3. The instant crime committed by the Defendant committed an indecent act against the victim by force on two occasions, taking advantage of the circumstances that it is difficult for the Defendant to refuse the Defendant’s demand after having provided money to the victim, clothes, meals, etc., who is a juvenile, and thus, the nature of the crime in light of the several methods and contents of the crime is not somewhat weak.

At the time of forming a sound sexual identity and values, the victim seems to have suffered a lot of impulses and sexual humiliations by committing the above crimes from the Defendant.

On the other hand, the defendant has no record of criminal punishment, except twice a fine for a crime of double species.

The defendant recognized that all crimes have been committed in the past when the defendant was in mind, and reflects the error in depth, and based on such attitude, the injured person agreed with the victim and agreed with the victim to take the action against the defendant.

A defendant shall have a physical disability.

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