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(영문) 서울고등법원 2014.06.20 2014노897
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)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 (seven years of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The order to attach an electronic tracking device issued by the court below to the defendant for a 20-year location tracking device that the court below rendered against the defendant is improper.

2. Determination

A. The following are the circumstances favorable to the Defendant: (a) the Defendant, since the investigation agency, led to the confession of all crimes and reflects the wrongness; (b) the Defendant, at the lower court, agreed with the victim E, I only; and (c) the Defendant was subject to a disposition of juvenile protection and suspension of indictment due to a violation of the Road Traffic Act (unlicensed Driving) as well as a crime of influ

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, where the defendant committed a sexual crime against an unspecified female juvenile, etc. as a result of the defendant's obscing of obscene videos, and the nature of the crime is grave in the motive of the crime and the object of the crime. In particular, the defendant taken the scene of rape against the victim I and caused a extreme sexual humiliation to the victim I, and the defendant did not receive a letter from the victim F and G up to the trial.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, intelligence and environment, motive and background of the crime, and circumstances after the crime, and the sentencing guidelines set by the sentencing guidelines set by the Supreme Court sentencing committee.

◇성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간) [유형의 결정] 성범죄 > 13세 미만 대상 성범죄 > 제5유형(강간) [권고영역의 결정] 기본영역 감경요소 : 처벌불원 가중요소 : 극도의 성적 수치심 증대(범행과정을 촬영한 경우) [권고형의 범위] 징역 8년 - 12년 ◇아동ㆍ청소년의성보호에관한법률위반(강제추행) [유형의 결정] 성범죄 >...

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