(영문) 서울고등법원 2018.03.29 2017노3810 | 리걸엔진

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(영문) 서울고등법원 2018.03.29 2017노3810

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the attachment order case is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. The crime of this case requires strict punishment against the defendant when the defendant committed rape against the victim who is a juvenile of this case, committed an indecent act by force, and put his sexual organ into the victim's resistance by assault or intimidation, and the crime is not good. The crime of this case leads to the victim's considerable mental suffering and suffering.

However, in light of the defendant's confession of all of the crimes of this case and his mistake is divided and reflected in the judgment of the court, the defendant does not have the same criminal record, the defendant does not want the punishment of the defendant under the agreement with the injured party, the degree of assault or intimidation in the course of the crime of this case, the defendant's age, sex and environment, motive, means and consequence of the crime of this case, and other conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime of this case, the sentence of the court below is too unreasonable. Thus, the above argument by the defendant is justified.

4. In conclusion, the part of the judgment of the court below regarding the defendant's appeal is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

Punishment of the crime

The facts constituting the crime recognized by this court are stated in the judgment of the court.

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

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