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(영문) 서울고등법원 2013.04.12 2012노4198 (1)

성폭력범죄의처벌등에관한특례법위반(절도강간등)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, and 80 hours of sexual assault treatment program) is too unreasonable.

B. The court below ordered the defendant to disclose personal information for a period of five years that the court below ordered the defendant to submit the unfair assertion of the disclosure order and notification order is unfair.

2. Determination

A. As to the assertion on unfair sentencing, the defendant is still a minor, and the defendant's family members are fully aware of his/her mistake while living in custody for more than six months, and reflects his/her depth. Rape is about attempted crime, the degree of indecent act is not much severe, and the victim of indecent act does not want the punishment of the defendant by an initial agreement with the victim of indecent act, and there is no special criminal conviction except for the defendant's one time of juvenile protective disposition due to violence and the suspension of indictment due to alteration of official document, and the defendant's family members want to leave the defendant's preference in favor of the defendant.

The following are the circumstances: (a) the Defendant committed a theft by intrusion on two occasions or at home and Maurel; (b) committed an indecent act or rape against the victimized women; (c) the Defendant continued to flee and drive away from the victim after committing the indecent act by compulsion; and (d) the victim seems to have suffered a big mental impulse due to the instant crime; (c) there was no agreement or efforts to recover damage with the victim to commit the attempted rape; and (d) the said victim wanted to be punished by the Defendant.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of crime, etc., various conditions of sentencing, and criteria for sentencing of sexual crimes [determination of types] of general criteria for sentencing according to the sentencing guidelines of the Supreme Court Sentencing Commission, the crime of indecent act by force (subject to over 13 years of age) is committed.