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(영문) 서울고등법원 2015.05.07 2014노3884

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등

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The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the attachment order claim while rendering a judgment of conviction against the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the defendant case constitutes the scope of the judgment of this court.

2. The sentence imposed by the court below (10 years of imprisonment) is too unreasonable.

3. There are circumstances that can be considered in light of the circumstances, such as the fact that the defendant did not have any history of punishment for the same crime, and that the defendant was fully aware of the crime and the defendant was committed in the first instance, and that the victim did not want the punishment of the defendant.

However, each of the crimes of this case is a woman in a de facto marital relationship with the defendant, living together with the victim who is a minor under the age of 13, and has sexual intercourse with the victim once by taking advantage of the victim's mental disorder or non-opportunching condition, and has sexual intercourse with the victim three times by force. In light of the relationship between the defendant and the victim and the victim, the crime and the crime committed are very serious. Accordingly, the victim seems to have suffered a considerable shock and suffering from physical and mental disorder and a sense of sexual humiliation. This seems to have a bad influence on the victim's personality formation. Since each of the crimes of this case appears to have been committed against the defendant, it appears that the victim might have expressed his/her intention that the victim does not want punishment against the defendant, such as the victim's mother, or his/her family's livelihood and non-reffortness. Therefore, the defendant's liability for the crime is against the defendant.