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(영문) 서울고등법원 2013.10.18 2013노1241
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

Of them, the part of the defendant and the respondent for attachment order A shall be reversed.

Defendant

A shall be punished by 11 years.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable to impose a disclosure order and notification order for each 10-year period on a defendant and a person who requested an attachment order (hereinafter referred to as "defendant A") on a defendant and a person who requested an attachment order (hereinafter referred to as "defendant A") to whom the lower court sentenced to an unreasonable sentencing.

3) It is unreasonable to order the Defendant A to attach an electronic tracking device for 20 years despite the absence of risk of recidivism. B) The prosecutor’s order to attach each type of punishment (13 years of imprisonment with labor for the Defendants, 13 years of imprisonment with labor for the Defendants, 3 years of imprisonment with labor for the Defendants, and 4 years of suspended execution, too unreasonable.

2. Determination

A. The crime of this case on the assertion of unfair sentencing by Defendant A and the prosecutor was committed on the part of Defendant A and the prosecutor. The crime of this case was committed on the part of Defendant A with very poor physical suffering from the victim, such as the victim’s sexual assault committed by Defendant A to take his own sexual desire continuously for a period of two years by rape and indecent act. The victim’s son B, viewed by her her her her son B, off his clothes and have obscene dancing, and allowed the victim to do a similar act in a situation where her her son B can sufficiently recognize her her her son, and even her son’s son’s son’s son’s her son with continuous sexual assault, and thus, the victim’s physical suffering was extremely high. The victim’s her son’s son’s son’s her son’s son’s her son’s son’s her son’s son’s her son from the her her son, and the victim’s her her son and her her her children.

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