(영문) 광주고등법원(전주) 2020.09.04 2020노85

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(영문) 광주고등법원(전주) 2020.09.04 2020노85

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Compared to the judgment of the court below on the assertion of unfair sentencing by both the accused case, there is no change in the sentencing conditions, and where the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). As the sentencing data that can be deemed to have changed in the sentencing conditions of the lower court was not submitted in the trial, there is no particular change in the sentencing conditions compared with the lower court.

In addition, each of the crimes of this case committed an act of similarity or indecent act against the victim by force over about 17 times for about 17 years from the time when the defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") committed the crime of this case from 9 years to 13 years from 13 years of the victim's lshesheshes, and it seems that strict punishment is required in light of the relation between the defendant and the victim, the victim's age, the whole period and frequency of the crime, and the contents of each crime. The sentencing investigation conducted in the court below found that the victim still was punished against the defendant. The defendant expressed a complaint against the judgment below because the defendant was at the bottom of the matter to be observed by the presiding judge after the sentence of the judgment of the court below, and the defendant expressed a complaint against the defendant as well as the defendant's favorable circumstances that all of the crimes were committed against the defendant, such as the fact that there were children to support, and all of the conditions of the records and pleadings, it cannot be deemed unfair or unreasonable.

The defendant and prosecutor's argument that the sentencing of the court below is unfair is not accepted.

2. Judgment on the case of a request for attachment order

A. The lower court’s decision is based on the results of the assessment of risk of sexual offenders against the Defendant (KSOAS assessment).

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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