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(영문) 대구고등법원 2019.06.13 2019노143
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The part of the probation order case shall be reversed.

For five years to the person against whom the probation order is requested.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (10 years of imprisonment, 80 hours of completing sexual assault treatment programs, 5 years of employment restriction) is too unreasonable for the Defendant and the person subject to an attachment order or a person subject to a request for probation order (hereinafter “Defendant”).

B. Prosecutor 1) It is unreasonable for the lower court to dismiss the prosecutor’s request for an attachment order and a probation order against the Defendant who is likely to recommit a sexual crime, as well as the part of the case regarding the attachment order and probation order.

2. The crime of this case regarding the part of the defendant's case was committed with the knowledge that the defendant was a married victim (the age of 11) who is a married couple in adjoining neighbors, and assaulted the victim at his home to restrain his resistance, and then boomed the victim's fingers into the victim's drinking part, and felling the victim's fingers in the process. In light of the relationship between the defendant and the victim, the victim's age, details and method of the crime, etc., the nature of the crime and the crime are very heavy.

A victim who is at the age to form a sexual identity and values seems to have suffered a considerable physical and mental shock and suffering due to the crime of this case committed at night, and is punished for the defendant.

However, the defendant recognized the crime of this case and is against the mistake, and there is no record of criminal punishment exceeding the fine prior to the crime of this case.

There are 70 years of age and 12 years of age that the defendant should support.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines, the punishment of the court below shall not be deemed to be appropriate, too weak or unreasonable.

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