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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2013.12.20 2013노3372
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (e.g., e., e., g., e., e., e.,

B. It is unreasonable to dismiss the part of the attachment order case against the defendant and the respondent for the attachment order of this case (hereinafter “defendant”).

2. Determination

A. In full view of all the sentencing conditions indicated in the pleadings of this case, such as the Defendant’s mistake and character, family environment, motive and circumstance before and after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, and thus, the Prosecutor’s allegation in this part is without merit.

B. According to Articles 9(4)4 and 28(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders as to the part of a case involving an attachment order, a request to attach an electronic device shall, in principle, be dismissed when a suspended sentence is rendered with respect to a specific crime case: Provided, That where a suspended sentence is issued with respect to a specific crime case, a request to attach an electronic device may be ordered only when a suspended sentence is ordered to undergo probation for a fixed period of time within the scope of

As seen earlier, the lower court’s sentencing that sentenced the suspended sentence against the Defendant is not deemed unfair, and according to the evidence duly admitted and investigated by the lower court and the lower court, the lower court determined the Defendant by taking into account the motive and background of the instant crime, the degree of damage incurred therefrom, the Defendant’s age, character, conduct, environment, etc., including the following: (a) the Defendant agreed with the victim; (b) the Defendant’s mother is against himself; and (c) the Defendant’s awareness of the Defendant’s family relationship is stable.

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