beta
(영문) 대구고등법원 2014.02.05 2013노420

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) The lower court’s sentence (one hundred years of imprisonment) is too unreasonable and unreasonable. (2) The lower court’s sentence is too unhued and unreasonable.

B. The lower court’s attachment order against the Defendant on the part of the claim for attachment order is unreasonable.

2. Determination

A. We also examine the defendant's part of the defendant's case and the prosecutor's assertion of unreasonable sentencing.

In order to solve his/her sexual desire, the defendant committed indecent acts by compulsion or rape for more than two years, and the defendant committed the above crimes despite the position to look at the victims in relation to the relationship between the victims and the re-help, despite the position to look at the victims, the victims and the victims committed the crimes by using their intellectual ability, and there is considerable shock and stress that the victims were suffering from the age, the degree of sexual assault is not easy in light of the criminal law and the contents of the crime, such as the use of physical power against the victims' will, and the victims are entrusted to the protection agency.

Although the defendant takes a letter and reflects on the victims, the defendant's age, character and conduct, environment, relationship with the victims, motive and background of the crime of this case, method and result of the crime, the defendant submitted a written agreement made between the victims before and after the crime was committed, which is not entirely reflected in the victims' intent as the circumstance was written by the victims who have disturbed intellectual ability, and the referral of the victims is also non-cooperative and certain extent.