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(영문) 서울고등법원 2013.11.15 2013노2830

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for eight years.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one-year imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable that the period of disclosure and notification orders for each of 10 years sentenced by the lower court is too long as the period of disclosure and notification orders for each of the 10 years.

C. It is unreasonable that the period of the attachment order of an electronic tracking device for the seven-year location tracking period sentenced by the lower court is too long.

2. Determination

A. The crime of this case on the assertion of unfair sentencing is an unfavorable circumstance to the defendant, with regard to the following facts: (a) the victim’s mother, who was the victim’s mother, actually protects the victim who was brought up from the time of infant care, and repeatedly rapes over a long time; (b) the victim suffering sexual humiliation and mental suffering that cannot be said to have been done by the mother’s mother; (c) the victim suffered from the sexual humiliation and mental suffering that he was sentenced to imprisonment for one year due to the indecent act by force of the victim under the age of 12 even in 201; and (d) the victim and his father wanting to punish the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has recognized a mistake as a whole and is against depth, and that the defendant raises the omission of the victim and his/her female for a long time instead of the divorced parent, and admission to the university where the victim was omitted.

In addition, various conditions of sentencing, such as the defendant's age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Commission of the Supreme Court, concurrent crimes 1, 2- the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relationship of Relatives) (the decision of the type of punishment) shall be the general criteria for sex crimes of Type 2 (Rape in Relation of Relatives) (the general criteria for rape in relation of relatives).