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(영문) 서울고등법원 2013.07.05 2013노1238

아동ㆍ청소년의성보호에관한법률위반(강간등)등

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Defendant

In addition, both the applicant for medical treatment and custody, the person to whom an attachment order is requested, the recipient of medical treatment order and the prosecutor.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for medical treatment and custody, the requester for an attachment order, and the respondent for a medical treatment order (hereinafter referred to as the “defendant”) did not commit an indecent act or rape against the victims. 2) The lower court’s sentence on unreasonable sentencing is too unreasonable.

3) Since the Defendant did not commit any indecent act or rape in each deceptive scheme, it is unreasonable for the lower court to issue a medical treatment and custody order and an attachment order without the need for medical treatment and the risk of recidivism, and the period of the attachment order is too excessive. (b) The lower court’s sentence on the grounds that the sentence of unfair sentencing is too unreasonable.

It is improper for the court below to dismiss the request for medical treatment order.

2. Determination

A. The court below also made the same assertion as the reasons for appeal in this part of the judgment of the court below, and the court below rejected the above assertion in detail in the determination of the defendant's and his defense counsel's assertion on the eight pages of the judgment of the court below. If the judgment of the court below is closely compared with the evidence duly adopted and examined, the judgment of the court below is just and acceptable. Thus, this part of the defendant's assertion is without merit.

B. The crime of this case on the assertion of unfair sentencing by the defendant and prosecutor is very poor in the quality of the crime of coercion and rape by inducing the victims released from the defendant's house at the defendant's office. The defendant was sentenced to imprisonment with prison labor for a crime of coercion or rape by inducing the juvenile to the defendant's house, and the execution of the crime of this case has not been more than two years since the completion of the execution of the crime. The victims want to punish the defendant, and the defendant's age, character and behavior, environment, motive and circumstance of the crime, and other crimes.