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(영문) 부산고등법원 2018.12.13 2018노550

미성년자의제강간등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (a) imposed by the court below on the defendant and the person who requested to attach an attachment order (hereinafter “defendant”) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below on the part of the case against the defendant was rendered as above considering the following facts: the defendant's possession of b body pictures, etc. transmitted from the victims who were minors, and the victim H was sexually abused, and the possibility of criticism is not good in light of the background of the crime, degree of damage, etc., and the possibility of criticism is very high; the victims appear to have suffered considerable sexual humiliation and mental pain; the victims are likely to cause harm to the formation of sound sexual values; the defendant committed each crime of this case during the suspension period of the execution of imprisonment due to sex crime; the defendant committed each crime of this case even during the suspension period of the execution of imprisonment; the confession and mistake against the defendant; and the mother of the defendant complained of the defendant's wife against the defendant and the correction of the defendant.

There is no change in the conditions of sentencing when compared with the original judgment because a new sentencing data has not been submitted in the trial at the original court, and even when considering the reasons for the sentencing as stated by the lower court, the sentencing of the lower court, which sentenced the lowest sentence within the scope of the applicable sentencing in law, is too heavy or is off the reasonable scope of its discretion by putting it unhued.

It does not seem that it does not appear.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. As long as the Defendant filed an appeal against the Defendant’s case regarding a request for attachment order, it is deemed that an appeal has been filed against a judgment on the case regarding the case regarding which the request for attachment order was filed (Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc.). The lower court has duly adopted it.