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(영문) 서울고등법원 2018.03.23 2017노3721
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for four years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case of the defendant and the person who requested the attachment order to whom the defendant and the person who requested the attachment order to whom the court below sentenced the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") (the imprisonment of five years, and the completion of the sexual assault treatment program is 80 hours) are too unreasonable.

2) Prosecutor A) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too unhued and unfair.

B) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order of personal information, even though it is necessary to disclose and notify the Defendant’s personal information, given that the risk of recidivism is high in light of the criminal law of the Defendant’s wrongful exemption from disclosure and notification order and records.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device despite the risk of recommitting a sexual crime on the part of the request for attachment order.

2. Determination

A. As to each of the instant offenses against the Defendant and the Prosecutor’s unfair sentencing claims, each of the instant offenses is a case involving: (a) the Defendant committed several indecent and rapes against a juvenile who is a juvenile who is only 14 years old or older with interest on a de facto spouse; (b) the nature of the offense is bad in light of the content of the offense and the method of the offense; and (c) the victim is deemed to have suffered considerable mental impulse due to each of the instant

However, when the defendant was a first offender with no record of crime, and both of the crimes of this case were recognized, and the victim did not want to be punished against the defendant. In full view of other circumstances, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, etc., the court below's punishment is deemed to be unfair because the defendant's punishment is too unreasonable, and the prosecutor's improper argument of sentencing is justified.

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