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(영문) 서울고등법원 2013.10.17 2013노2236
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

The defendant shall be 40 hours.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment, forty hours of completion of sexual assault treatment programs, disclosure of information and seven years of notification) is too unreasonable.

2. Determination

A. The crime of this case in the part of the defendant case committed by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") are more than five times in light of the following: (a) the crime of this case was committed by force, such as having the victim, who is a woman-friendly woman under the age of the female-friendly woman, enter the defendant's sexual organ into the defendant's sexual organ or take the person by hand, and thus, the nature of the crime is very serious; (b) the victim seems to have suffered considerable mental shock due to the crime of this case; and (c) the defendant did not reach an agreement with the victim until the trial; (d) there is a need

However, it appears that the defendant recognized all of the crimes of this case and divided the defendant in depth, the defendant did not directly assault or threaten the victim during the course of the crime of this case, and the similarity act among the crimes of this case was committed once, and after March 201, it was no longer prevented the victim from committing the crime against the victim, the defendant was a primary offender who had no record of criminal punishment before being committed, the defendant's family members also want the defendant's guidance, and all the sentencing conditions of this case, such as character, conduct, environment, circumstance and consequence of the crime of this case, circumstances after the crime, etc., are inappropriate. Thus, the defendant's argument of unfair sentencing is justified.

B. As long as the defendant filed an appeal against a prosecuted case, the case pertaining to an attachment order shall be deemed to have also filed an appeal against the case pertaining to the attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, but the defendant and his/her defense counsel

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