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(영문) 대구고등법원 2013.12.18 2013노361

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Sexual assault against the defendant for 120 hours.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (in a case of imprisonment with prison labor for four years and seven years) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device to the Defendant for seven years in the case of a request for an attachment order is unreasonable.

2. Determination

A. As to the part of the defendant's case, the crime of this case on the assertion of unfair sentencing is highly likely to be criticized in light of the circumstances, frequency, etc. of the crime committed by the defendant who was residing in the defendant's home while the defendant left home. The victims seem to have suffered considerable mental pain due to the instant case. Meanwhile, the victims seem to have been subject to considerable mental harm in light of the following circumstances: (a) the defendant separates and reflects his mistake; (b) the defendant deposit a certain amount for the recovery of victims' damage; (c) the victim E and C's father; (d) the defendant did not have any history of punishment for the same or similar sex offense before the instant crime was committed; and (e) the defendant has faithfully supported the company life and supported his family members. In addition, considering the defendant's age, criminal records, character and behavior, environment, family relationship, circumstances and contents of the crime; (d) the scope of punishment imposed by the Sentencing Committee according to the sentencing guidelines (the maximum standard for recommendations, the maximum punishment period of imprisonment for not less than 1 to 2 years and 3 years, and 1 to be mitigated.