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(영문) 서울고등법원 2018.02.23 2017노2646

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the attachment order case and the protective observation order case when it rendered a judgment of conviction on the part of the defendant, and the part of the attachment order and the protective observation order case were appealed only by the defendant. Thus, there is no benefit of appeal regarding the attachment order case and the protective observation order part.

Therefore, notwithstanding Article 9(8) and Article 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, this part shall be excluded from the scope of the adjudication of this Court.

2. The sentence imposed by the lower court (one-year imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

3. The crime of this case is a tool to protect the victim under the age of care so that the defendant can grow physically and mentally, as a shesheshesheshes of the victim, and has sexual intercourses or commits indecent acts over several times for about one year in order to meet his/her distorted sexual desire, and the crime is extremely poor. The defendant first committed the crime to the extent that he/she has sexual intercourses with the victim's chest and fry, but he/she had gradually talked about the victim's sexual organ, but he/she continued to commit the crime even after he/she was discovered of the crime against the victim's friendship D, and the victim who was frequent to the defendant was unable to refuse the victim's sexual demand, and the victim who did not suffer from considerable mental harm due to the defendant's sexual harm under the circumstances where he/she was unable to receive the victim's emotional harm, and the victim still complained of this case's normal punishment against the defendant.

On the other hand, the defendant makes a confession of all crimes and reflects his wrongness, and the defendant has no record of criminal punishment.