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(영문) 서울고등법원 2013.10.17 2013노2473

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (five years of imprisonment) imposed by the Defendant and the respondent for an attachment order (1) by the lower court on the accused and the respondent for an attachment order (hereinafter “defendant”) is too unreasonable.

(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.

B. Prosecutor (1) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

(2) The court below erred by misapprehending the legal principles that the defendant dismissed the defendant's request for attachment order even though the defendant is at risk of repeating a crime.

2. Determination

A. (1) Each of the instant crimes against the Defendant and the Prosecutor’s assertion of unreasonable sentencing regarding the part of the Defendant’s case is very poor in light of the subject and frequency of each of the instant crimes.

However, the following facts are the circumstances favorable to the defendant: (a) the defendant did not have the same criminal record; (b) the defendant made a confession of all his own criminal records; (c) the defendant was stroke surgery before having undergone stroke surgery; and (d) the defendant was suffering from stroke surgery after having undergone stroke surgery before having committed the instant crime; (b) the defendant was not in a state of mental disorder at the time of committing the instant crime; (c) it appears that the above cerebr surgery after stroke surgery is likely to affect the instant crime; and (d) H, the defendant's wife and the victim's mother, submitted an application to this court for a written statement that does not want the punishment of the defendant; and (e) the victim took the defendant who is his father and expressed his attitude that he does not want

In full view of all the sentencing conditions, such as the Defendant’s age, character and conduct, family environment, background leading to the instant crime, and circumstances after the commission of the crime.