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(영문) 대구고등법원 2016.10.20 2016노217
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for six years;

3. The defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request to attach an attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request to attach an attachment order

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to

2. The summary of the grounds for appeal (eight years of imprisonment) by the lower court is too unreasonable;

(3) The crime of this case was committed on the date of the second trial of the court of first instance by allowing the defendant to write off a know-how against the victim under the age of 14 who is not capable of causing violence, intimidation, or threat, or by force. The crime of this case was committed on the date of the second trial of the court of first instance. The crime of this case was committed by a stimulous sexual abuse against vehicles and horses, such as making the victim under the age of 14, who is under the age of 14, with low intelligence compared to that of the same age and lack of accident ability, making him write off a stimuli, and continuously engaged in sexual intercourse, and inserting the instrument that the defendant has been suffering from being stimulated, into stimulated and into anus, which is very heavy.

The victim seems to have suffered a big sexual humiliation and mental impulse, and his family has also suffered a pain that could not be formed.

The defendant has a record of being sentenced to juvenile protective disposition several times due to theft, etc., and has a record of being sentenced to punishment, and whose indictment has been suspended due to the distribution of child pornography.

On the other hand, although the defendant denied the crime from the investigative agency to the court below, it is against the intention to commit the crime and the mistake.

At this time, the defense counsel.

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