(영문) 서울고등법원 2018.04.06 2018노268 | 리걸엔진

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(영문) 서울고등법원 2018.04.06 2018노268

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the case by the defendant and the person who requested the attachment order (Sentencing) to whom the court below sentenced the defendant and the person who requested the attachment order (hereinafter "the defendant") to the defendant and the person who requested the attachment order (hereinafter "the defendant"), 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 issuing an order to disclose or notify personal information, even though the lower court should disclose or 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 act of exemption from disclosure or notification.

B. It is unreasonable for the court below to dismiss the defendant's request for an attachment order of an electronic tracking device despite the risk of repeating a sexual crime against the defendant.

2. Determination

A. As to the unfair sentencing argument of the defendant and prosecutor, the court below set a sentence against the defendant by taking account of the following factors: (i) the defendant, under a unfavorable condition; (ii) the defendant, in spite of his duty to protect the victim and to rear him in a sound manner; (iii) the defendant has been forced to commit an indecent act, similar rape, rape, etc.; and (iv) the victim seems to have suffered a considerable mental and physical pain due to each of the of the of the of the of the of the of the of the of the of the of the of the of this case; and (ii) the defendant is against himself by confessioning all of the of the of the of the of the of the of the of this case; (iv) the defendant has no record of punishment for the same kind of crime; and (v) the defendant has agreed with the victim.

Such sentencing by the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the aforementioned various circumstances.

The circumstances alleged by the Defendant and the Prosecutor on the grounds of the illegality of sentencing have already been punished by the lower court.

유사 판례

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