(영문) 서울고등법원 2017.12.14 2017노2946 | 리걸엔진

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(영문) 서울고등법원 2017.12.14 2017노2946

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable for the Defendant and the person who requested the attachment order.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.

2) Unless there are special circumstances that the court below did not issue an order to disclose and notify the information to the defendant, in the absence of an improper defendant of the disclosure and notification order and the person against whom the attachment order was requested (hereinafter the defendant).

3) The lower court’s dismissal of the Defendant’s request for the instant attachment order is unreasonable, even though the Defendant committed a sexual crime on at least two occasions, and committed a sexual crime against a person under the age of 19 and committed a sexual crime.

2. Determination

A. The instant crime committed by the Defendant and the Prosecutor with respect to the wrongful argument of sentencing is intended to force the victim under the age of 13, who is a de facto relative, to commit an indecent act, and to commit an attempted rape, and to put the victim’s sexual organ inside the mouth of the victim.

Considering the fact that the attempted crime is not good and that the defendant does not agree with the victim until the trial is held, strict punishment against the defendant is required.

However, there is no change in the conditions of sentencing compared to the original court, and the sentencing of the original court exceeded the reasonable scope of discretion, since the defendant has divided his mistake, the defendant is the primary offender, and there is no change in the conditions of sentencing compared to the original court

In addition, considering the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfasible. Thus, the above argument by the Defendant and the Prosecutor is without merit.

B. Regarding the prosecutor’s improper assertion of disclosure and notification order

유사 판례

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