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(영문) 서울고등법원 2013.10.31 2013노2725
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (12 years of imprisonment and 10 years of information disclosure) imposed by the court below on the defendant and the person who requested the attachment order (hereinafter “the defendant”), is too unreasonable.

(2) The Defendant does not have any history of criminal punishment for a sexual crime, and thus does not pose a risk of recommitting a sexual crime, and the period of attachment ordered by the lower court is too prolonged to ten years.

B. The sentence imposed by the prosecutor (the part of the defendant's case) by the court below is too unfasible and unfair.

2. Determination:

A. We examine both the Defendant and the prosecutor’s argument on unreasonable sentencing.

There are extenuating circumstances, such as the fact that the Defendant recognized all the crimes of this case, and divided the mistake in depth, that the Defendant had no record of criminal punishment for sexual crimes other than the fine imposed twice as a crime of violating the Road Traffic Act before, and that the Defendant’s mother and children want to take the Defendant’s wife into account.

However, the crime of this case is subject to the resolution of sexual desire, and the victim has been raped or forced by force over 8 times over 14 years from the age of 10 to the age of 14, and the crime of this case shows serious emotional distress and pains caused by the victim's serious emotional distress and pain to the degree of diagnosis of stress disorder after external wound, and the contact with the victim is cut down at present, and the contact is likely to be reasonable, and the sentence of the court below against the defendant is determined in full consideration of the various circumstances mentioned above, and there is no change of circumstance that differs from the punishment of the court below.

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