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(영문) 서울고등법원 2014.03.07 2013노3902
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The judgment of the court below is reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for seven years.

Defendant

(b).

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant")

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable, because it did not infringe the victims’ indecent act or similarity, or attempted to rape.

B. It is unfair to order the defendant to attach an electronic tracking device even though the defendant forced the victims to commit an indecent act or similarity, or attempted to commit rape, and it is so unfair that the period is too too long.

2. Determination

A. In the judgment of the court below, the defendant argued the same purport as the reasons for appeal in this part, and the court below rejected the above argument by clearly explaining the defendant's assertion and its decision in detail with the title "a decision on the defendant's and his defense counsel's assertion". In comparison with the records, the judgment of the court below is just, and it cannot be said that there was an error of mistake of facts, and this part of the defendant's assertion is without merit.

B. The instant crime of determining unfair sentencing is a case where the Defendant committed an indecent act against the aged victims, who are his relatives, and attempted to rape on several occasions. The crime of this case is extremely poor, and the victims seem to have suffered an difficult mind due to the instant crime. Nevertheless, the Defendant’s mistake and denied the crime, etc. are disadvantageous to the Defendant.

The fact that there is no sentence imposed by the defendant, and that there is no previous sentence, and that the victim C expressed his intention that the punishment is not applied by the defendant is favorable to the defendant.

The victims' age, age, character and conduct, environment, and means and results of crimes;

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