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(영문) 서울고등법원 2013.04.12 2013노288
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

B. It is unreasonable to dismiss the request for the attachment order of this case even if the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) are recognized to have a risk of recommitting a sexual crime.

2. Determination

A. In full view of the following circumstances: (a) the Defendant and the victim were the parties to the determination of unfair sentencing regarding the assertion of unfair sentencing; (b) the Defendant did not want the punishment of the Defendant by mutual consent with the victim; and (c) the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, and circumstances before and after the crime were committed; and (d) the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’

B. According to Article 9(4)4 of the Act on the Electronic Monitoring of Specific Criminal Offenders as to the assertion of the case regarding the attachment order, the request for the attachment order shall be dismissed when the suspension of execution is sentenced to the specific crime case. As seen above, the judgment of the court below that sentenced the suspension of execution against the defendant is unreasonable. Thus, the Prosecutor’s assertion on this part is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.

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