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(영문) 대구고등법원 2020.12.09 2020노409

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

Defendant

In addition, appeal by the person who requested probation order is dismissed.

Reasons

1. As to the part of the case of the Defendant, the lower court rendered a judgment of conviction regarding the part of the case of the Defendant, as to the part of the case of the case of the probation order claim, and as to the part of the case of the case of the probation order claim, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the case of the request of the attachment order, the lower court

Therefore, notwithstanding the provisions of Article 9 (8) of the Electronic Devices Attachment Act, the part on which the request for attachment order is made is excluded from the scope of the trial of this court.

2. The summary of the reasons for appeal (six years of imprisonment) by the lower court is too unreasonable.

3. Determination

A. The Defendant in the part of the Defendant case shows the appearance of recognizing all the crimes of this case and against the mistake.

The crime of rape in the instant case was attempted, and the photographed screen pictures were deleted immediately after the crime was committed, and were not distributed to the outside.

The defendant has no record of punishment exceeding a fine and there is no record of punishment for sexual crimes.

The defendant has supported two children by negligence, and the defendant's three villages and workplace club fees want to have the defendant's wife.

However, the victim was a child or juvenile who was a child or juvenile who was in the sixth grade of elementary school at the time of the case, and was a child or juvenile who was in the first grade of elementary school.

Nevertheless, the Defendant: (a) taken the part of the victim’s sexual organ, who was under the victim’s trust while playing and diving in the Defendant’s house; (b) threatened the victim as if he were aware of it; and (c) attempted to rape the victim; and (d) refused to commit the crime and attempted to commit the crime. In light of the object, method and circumstance of the crime, and circumstances before and after the crime, the nature of the crime is very poor.

The victim seems to have suffered a considerable mental shock and pain due to the crime of this case, and in the future.