(영문) 부산고등법원 2020.05.14 2020노61 | 리걸엔진

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(영문) 부산고등법원 2020.05.14 2020노61

성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등

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The defendant's appeal is dismissed.

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 for the attachment order was filed, and there is no benefit of appeal regarding the part for which the request for the attachment order was filed.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the scope of inquiry by this court shall be limited to prosecuted cases and the request for attachment order shall be excluded.

2. The summary of the grounds for appeal: The punishment imposed by the lower court on the Defendant (one year of imprisonment, etc.) is too unreasonable.

3. The instant crime of this case as to the grounds of appeal is that the Defendant committed several indecent acts, rapes, and sending letters that cause sexual humiliation to the victim.

The lower court, in light of the method and frequency of crimes, the victim’s age and situation, and the relationship between the Defendant and the victim, etc., determined a punishment against the Defendant by taking into account the following factors: (a) the Defendant was unable to be forgotten by the victim; (b) the victim appears to have suffered from mental shock and pain that is difficult to be forgotten; (c) the Defendant’s parents wanting to escape from the victim; and (d) the Defendant’s parents wanting to commit a severe punishment; (b) the Defendant has no record of punishment for sexual crimes; and (c) the Defendant has no record of punishment for sexual crimes.

The sentencing of the lower court appears to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the lower court until the trial is held.

The victim was under the age of 11 or 12 at the time of committing the instant crime, and the victim may be protected and healthy.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

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