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(영문) 서울고등법원 2017.07.18 2017노1473
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the case against which the Defendant was found guilty and the case for which the attachment order was requested, and only the Defendant appealed and appealed.

Therefore, although the case requiring the attachment order is deemed to have been appealed pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, there is no interest in the appeal. Therefore, the part of the case requiring the attachment order is excluded from the scope of the trial of this court and only the part of the case of the defendant falls under the scope of the trial of this court.

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of 7 years and 80 hours and the order to complete a sexual assault treatment program) is too unreasonable.

Judgment

The fact that the defendant acknowledges each of the crimes of this case and reflects his mistake, that there is no record of punishment exceeding the same criminal history or fine, that the victim expressed his intention that he does not want the punishment, and that the family members of the victim want to be punished are favorable to the defendant.

On the other hand, each of the crimes of this case committed sexual intercourse with the victim, who is one of the parents of the victim, at the time when the defendant was under the age of 10 to 13, and has been under the influence of several times. Although the defendant was responsible for protecting the victim as a person with parental authority and raising the victim properly, the defendant committed an anti-human crime against the victim as the object of resolving his sexual desire, and the responsibility for the crime is very heavy

In addition, considering the details, contents, etc. of each of the instant crimes, the victim appears to have received mental and physical impulses with extreme sexual humiliations due to each of the instant crimes by the Defendant, and in fact, the victim was humping, such as depression, emotional apprehension, school adaptation, etc.

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