성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
The summary of the grounds for appeal and the person who requested the attachment order (hereinafter “Defendant”) to whom the Defendant and the person subject to the request for the attachment order (hereinafter “the Defendant”) made a statement on January 3, 2018 that “the instant crime was committed in the state of mental or physical loss or mental weakness.” However, at the first trial date of the first trial, it clearly stated that the Defendant did not assert mental or physical disability by stating that “The above argument was intended to be considered in the sentencing and claiming for unfair appeal only for the reason of unfair sentencing.”
The punishment sentenced by the court below (the disclosure and notification of personal information between 17 and 10 years) is too unreasonable.
It is improper for the court below to order the defendant to attach or attach a location tracking device for 20 years.
The above-mentioned sentence sentenced by the court below by the prosecutor is too uneasible and unfair.
Judgment
Examining the various sentencing conditions of the Defendant in the part of the instant case (with regard to each unfair argument by Defendant and Prosecutor), the fact that the Defendant had committed a serious mistake is showing an attitude to repent of how much the Defendant had committed a serious mistake, and that there was no history of criminal punishment except once before and after the fine of this species (the fact that there was no history of punishment for a sexual crime) is favorable to the Defendant.
However, each of the crimes of this case committed by the Defendant against the elementary school students of 10 years of age in preparation for and planning to commit sexual assault crimes against the elementary school students of 10 years of age in advance, and attempted to induce the victims once after which he was discovered that the Defendant waiting for the victim who was traveling back after the formation of the crime, was forced to wait for the victim, and then detained the victim's hand, booming, and 30 hours of the victim by using Cheong tape, etc., and assaulting the victim for more than 30 hours by forcing the victim to talk with the victim's chest and sound, and committing indecent act by force, and sexual intercourse or sexual intercourse against the victim by using the female self-defense body for women.