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(영문) 서울고등법원 (춘천) 2015.09.23 2015노154

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

All appeals filed by the prosecutor and the defendant and the person subject to the attachment order shall be dismissed.

Reasons

Summary of Grounds for Appeal

As to the sentence sentenced by the court below (13 years of imprisonment), the defendant and the person requesting the attachment order (hereinafter referred to as the "defendant") are asserting that the sentence is too unreasonable, and the prosecutor asserts that the sentence is too uneasible and unreasonable.

The judgment on the part of the defendant's case is extremely poor in light of various sentencing conditions indicated in the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., such as the fact that the defendant led to the crime of this case without being familiar with the period of repeated crime, the fact that the victim of the third grade of the middle school that is vulnerable to the crime by means of personal trust relationship between the defendant's father and his father, has been systematically induced or improved, and forced rape on several occasions, and the nature and circumstances of the crime have been extremely poor. Accordingly, considering various sentencing conditions indicated in the records, it cannot be deemed unfair as the court below's punishment is too excessive or unaffortable because it is considerably heavy or unaffortable.

As long as the defendant filed an appeal against the accused case regarding the part of the case claiming an attachment order, it shall be deemed that he/she filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders. However, the defendant's petition of appeal or the statement of grounds of appeal does not state the grounds for appeal regarding it, and the judgment of the court below shall not find the grounds for reversal

In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders.