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(영문) 대전고등법원 2020.02.12 2019노491

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (nine years of imprisonment) is too unreasonable.

Defendant

In addition, it is unreasonable to order the person subject to the attachment order (hereinafter referred to as "defendant") to disclose and notify personal information.

B. The lower court erred by ordering the Defendant to attach a location tracking electronic device, in the absence of the risk of sexual assault and recidivism.

2. Determination of the accused case

A. The lower court rendered a judgment on the assertion of unfair sentencing: (a) under the circumstances unfavorable to the Defendant, considering the fact that the Defendant recognized the instant crime at the lower court court court’s court court’s favorable consideration of the Defendant’s fact that each of the instant crimes was extremely bad and highly likely to be subject to criticism; (b) the victims were suffering from considerable mental impulse and sexual humiliation; and (c) the Defendant sought a severe punishment against the Defendant; and (d) the Defendant was punished twice for the same type of crime in the past; and (c) the Defendant committed each of the instant crimes; and (d) the victims did not recover from damage; and (e) determined the Defendant’s punishment by taking account of various sentencing conditions shown in the trial, including the Defendant’s age, character and behavior, environment, motive and background of the instant crime; and

In full view of the conditions for sentencing as expressed in the judgment of the court below and the scope of the recommendation of the Sentencing Committee, the sentencing of the court below is not deemed to have exceeded the reasonable bounds of its discretion, and there is no change in the conditions for sentencing that can be deemed to be unfair to maintain the judgment of the court below as it is.

The defendant's above assertion is not accepted.

B. In principle, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse to defend our society from sexual crimes.