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(영문) 서울고등법원 2014.06.12 2014노882

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

All of the appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

A. In the part of the Defendant case, the sentence imposed by the lower court to the Defendant and the person against whom the attachment order was requested (hereinafter referred to as “Defendant”) (two years and six months of imprisonment, three years of suspended execution, three years of probation, and 80 hours of sexual assault treatment lectures) is unreasonable and unreasonable.

It is unfair that the court below exempted the defendant from the disclosure notification of personal information, although there are no special circumstances that could not disclose or notify the personal information of the defendant unfairly exempted from disclosure notification.

B. It is improper for the court below to dismiss a prosecutor's request for attachment order even though the defendant's request for attachment order is likely to recommit a sexual crime.

Maz.

A. As to the assertion of unfair sentencing on the part of the defendant's case, the crime of this case is an indecent act by force against a female under eight years of age, which is the space where the defendant should be protected, and whose self-defense capacity falls significantly, and considering the fact that the nature of the crime is serious in light of the victim's age, the background of the crime, the method of the crime, etc., and that the victim and his parents are expected to have a great mental shock and impact on the victim's growth in the future, it is necessary to strictly punish the defendant.

However, it seems that the defendant repents his mistake and reflects the defendant's influence on the crime of this case. The victim's legal representative does not want the punishment of the defendant, there is no past record of sexual crime that the defendant does not have any criminal punishment, and there is no record of sexual crime. In addition, considering all the sentencing factors indicated in the argument of this case, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., the court below aims to give considerable treatment within society, such as probation and the lecture for sexual assault treatment.