logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.22 2015노2368
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the attachment order claim while rendering a judgment of conviction against the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order to the defendant is excluded from the scope of the judgment of this court, and only the defendant's case falls under the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years and six months) imposed by the court below is too unreasonable.

3. The Defendant appears to have committed the instant crime in a somewhat contingent and contingent manner, the degree of indecent act is relatively minor, and the Defendant appears to reflect the attitude of recognizing the instant crime, and there are extenuating circumstances, such as that the Defendant has no record of criminal punishment in excess of the suspended sentence.

However, the crime of this case was committed repeatedly by the victim her her m, who was 9 years old at the soup bank by the defendant, and the crime of this case was committed repeatedly, and it is not good in light of the content of the crime. Moreover, even though the defendant had been sentenced to suspended execution due to the criminal act committed by the victim 5 years old in the past, there is a high possibility of criticism in that the defendant committed the crime of this case again, and therefore, the victim her age was subjected to considerable sexual humiliation and mental shock, and there is no particular measure for recovery from damage so far, and the victim wants to punish the defendant, so it is inevitable to sentence sentence corresponding to the liability for the crime.

The above circumstances and the age, character and conduct of the defendant.

arrow