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(영문) 부산고등법원 (창원) 2016.07.06 2016노137
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

The appeal of the defendant, the person who requested the attachment order and the person who requested the attachment order and the prosecutor to observe the order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order and the person who requested the attachment order (the part of the case) to whom the order to observe was issued, and the Defendant and the person who requested the attachment order and the person who requested the attachment order to observe the order to observe the order (hereinafter “Defendant”) have ceased to commit a crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape of minors under the age of 13), thereby having to be mitigated or exempted pursuant to Article 26 of the Criminal Act

2) The punishment sentenced by the lower court to the Defendant (five years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.

B) It is unreasonable for the lower court to exempt the Defendant from disclosure and notification orders, in the absence of special circumstances to not disclose or notify the Defendant’s personal information, which is improper to exempt the Defendant from disclosure and notification orders.

2) There is a danger that part of the case of the request for attachment order and the case of the request for protective observation order has committed two sexual crimes against the victim under the age of 19, and that the criminal defendant has committed two sexual crimes, and that the sexual crime is

Therefore, it is unreasonable for the court below to dismiss the request for the attachment order of this case and the request for the observation order of protection.

2. Determination on the part of the case of the defendant

A. In a case where the commission of a crime on the part of the Defendant’s assertion of misunderstanding of the facts and legal principles was commenced and the commission of the crime was suspended according to his own free will before the crime was completed, the suspension constitutes an attempted suspension if the crime was not obstructed by the circumstances that interfered with the completion of the crime under the general social norms (see Supreme Court Decision 99Do640, Apr. 13, 199, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the crime committed in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape-rape of minors under the age of 13) was committed on the part of the Defendant’s own by himself.

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