logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2019.01.23 2018노278
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. With respect to Defendant B, the lower court rendered a judgment of conviction on the part of the Defendant’s case against Defendant B, and with respect to the case for which the request for attachment order was filed, the lower court rendered a judgment of dismissing the prosecutor’s request regarding the case for Defendant B, and with respect to the case for which the request for attachment order was filed, only the Defendant B appealed, and as such, the part for which the request for attachment order was filed with respect to the case for which the request for attachment order was filed, notwithstanding

2. Summary of grounds for appeal;

A. Defendant and the respondent for attachment order A A 1) The lower court of the Defendant case and the respondent for attachment order (hereinafter “Defendant”)

(2) Notwithstanding the absence of the risk of recidivism against a sexual assault, the lower court’s order to attach an electronic tracking device for 10 years to Defendant A is unreasonable.

B. The punishment sentenced by the lower court against Defendant B (15 years of imprisonment, etc.) is too unreasonable.

3. Determination

A. The fact that Defendant A did not have the same criminal records as that of Defendant A1’s case, and that Defendant A recognized all of his errors and took an attitude against Defendant A to reflect, etc. are sentencing materials favorable to Defendant A.

However, the defendant A served as the guardian of the victims as the big part of the victims, and committed sexual assault against the victims continuously from 2010 to 2018.

In addition, Defendant A committed the crime at the same time by sexual assault and using implements at the same time, and did not take any measures to recover the damage of the victims.

Defendant

A’s crime of this case led to mental suffering.

arrow