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(영문) 서울고등법원 2015.03.19 2014노3837
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (eight years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The judgment of the court below which cited the Defendant’s request for the attachment order of this case is unlawful, since the Defendant does not pose a risk of recidivism.

The period of attachment order (10 years) issued by the court below against the defendant is too long and unfair.

2. Determination

A. The Defendant in the instant case reflects his mistake by recognizing all the facts charged.

The defendant did not have any history of criminal punishment, and deposited 15 million won for the victim in the first instance.

However, the crime of this case is committed against a sexual crime against the child of the age of the defendant to be protected and brought up by the defendant (the age of eight), and the nature of the crime is extremely bad.

It seems that the victim who had been growing is suffering from mental shock and suffering which are difficult to recover throughout his life due to the crime of this case.

The parent-child of the victim also seems to have suffered considerable mental suffering due to the crime of this case committed by her husband against her father's father's father's father's father.

In addition, considering the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions as shown in the argument of this case and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, it cannot be said that the sentence imposed by the court below is too unreasonable.

Therefore, this part of the defendant's argument is without merit.

B. The lower court determined that the Defendant’s risk of recommitting a sexual crime was recognized on the grounds stated in its reasoning based on the evidence admitted by the evidence.

In light of the records, the above judgment of the court below is just and its attachment period is also reasonable.

This part of the defendant's assertion is without merit.

3. Conclusion, the defendant.

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