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(영문) 서울고등법원 (춘천) 2013.04.17 2012노257
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The appeal filed by the defendant and the respondent against an attachment order shall be dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court (eight years of imprisonment, ten years of disclosure of personal information, and ten years of attachment order to an electronic device) is too unreasonable.

2. Determination

A. The instant crime committed on the part of the Defendant case is very heavy in light of the victim’s relationship, the victim’s age, the victim’s age, the degree, duration, frequency, and methods of indecent act by force, and other relevant factors, where the victim and the Defendant committed an indecent act by force or rape.

In particular, the defendant's crime is considered to have been committed even though the defendant took her child who must be seriously protected and brought up as a tool to solve sexual humiliations, and the victim suffers from extreme physical and mental pain in the process. However, even though the defendant is faced with the situation in which the defendant should take care of other children against the mistake and the defendant should take care of other children, the defendant's crime is considered not to be used.

In addition, considering the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., various sentencing conditions indicated in the records, such as the situation after the crime, etc., the court below's punishment against the defendant is deemed to be improper and unfair. Thus, the defendant's assertion of unfair sentencing

B. The part of the case pertaining to the attachment order is deemed to have filed an appeal against the case pertaining to the attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders inasmuch as the Defendant filed an appeal against the case pertaining to the case pertaining to the attachment order. However, there are no grounds for reversal ex officio as to the grounds for appeal or appeal by the Defendant and his/her defense counsel.

3. If so, the Defendant’s appeal is without merit, and thus, Article 364(4) of the Criminal Procedure Act and the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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