beta
(영문) 수원고등법원 2020.03.12 2019노461

아동ㆍ청소년의성보호에관한법률위반(위계등간음)등

Text

The part of the judgment of the court below, excluding the dismissed part of the application for compensation, shall be reversed.

Reasons

1. The lower court rendered a judgment of conviction on the part of the Defendant case and rendered a judgment dismissing the prosecutor’s request regarding the request for attachment order, and only the Defendant appealed on this issue.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the scope of trial of this court shall be limited to the part of the case of the judgment of the court below, as there is no interest in appeal against the defendant as to

In addition, the lower court rejected the application for compensation filed by B (tentative).

Inasmuch as an applicant for compensation is unable to file an objection against a judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the case of application for compensation becomes final and conclusive immediately, the part of the judgment below’s rejection of application for compensation among the part of the

2. The summary of the grounds for appeal (e.g., imprisonment with labor for three years, five years restriction order, three years probation order) imposed by the court below on the defendant is too unreasonable.

3. The judgment of the court below: the defendant taken a back flag photograph against the victim B's will, after transmitting the photograph to the victim B, threatened the victim B to capture the photograph, forced the victim H by force, sexual intercourse with the victim I who is a child or juvenile by force; sexual intercourse with the victim I who is a child or juvenile; and sexual intercourse with the victim I who is a child or juvenile by threatening the victim J.; the crime is not very good in light of the circumstances, contents, results, etc. of each of the of the of the crimes of this case; the victims of her age were subject to considerable physical and mental shock due to each of the crimes of this case; the victim B committed self-harm after the crime of this case; and the defendant committed further crimes against the victimJ while investigating some of the crimes of this case.