logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2018.11.29 2018노130
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for eight years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence imposed by the lower court (a prison term of 10 years, and orders to complete sexual assault treatment programs for 80 hours, etc.) on the Defendant and the person who requested an attachment order (hereinafter “Defendant”) is too unreasonable.

2) The lower court’s exemption from issuing an order to disclose personal information to the Defendant is unreasonable.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order against the Defendant even though the Defendant high risk of repeating a sexual crime again.

2. The part of the case against the defendant (determination of improper assertion of sentencing) committed the crime of this case is very poor, and is likely to be criticized by the defendant who is responsible for raising and protecting his family, committed the crime of this case by committing rapes or forcing the victim D, who is 11 years old with physical and mental care, without creating a proper sexual values in order to meet his or her own sexual desire, by committing rapes or forcing them several times, and threatening the face of E, which is a blpter of C, the spouse, with the victim.

The victim D appears to have suffered from extreme shock and pain due to the Defendant’s crime to the point of leaving the body that “I will die once again,” and did not reach an agreement between the Defendant, the victim D and E.

However, the victim C appeared in the court of first instance and made a statement to the effect that "not wanting to be punished for the crime against himself", the defendant denied part of the initial crime in the investigation but subsequently recognized the whole facts of the crime, and that he would have the time to commit the crime while attending the depth of the crime committed by himself, and that he did not have any record of punishment for the sex offense, shall be considered as a favorable reason for sentencing, and the background leading up to the defendant's age, sex behavior, and crime.

arrow