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(영문) 광주고등법원 2013.07.11 2013노157
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is unreasonable as the court below’s sentence (two years of imprisonment, five years of suspended execution, and two hundred hours of community service order) imposed on the defendant and the person to whom the attachment order was requested (hereinafter “defendants”).

2. Determination

A. The judgment on the grounds of appeal (the part of the case of the defendant) is not good for the defendant to commit the crime, such as committing an indecent act against the victim at the age of four times in spite of the defendant's duty to rear the victim as a sheshesheshesheshets, but the defendant expressed his/her intention that all the criminal facts are committed, the victim and the victim's mother do not want the punishment of the defendant. The defendant is punished on January 20, 200 by the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, other than the fine imposed on January 20, 200, without any other criminal power, and all other circumstances considered in the sentencing, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. As long as a prosecutor partly filed an appeal against a prosecuted case, the case is deemed to have filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the appeal regarding this part of the petition of appeal and the statement of grounds of appeal submitted by the prosecutor is not required to be reversed ex officio.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders on the ground that it is without merit. It is so decided as per Disposition.

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