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(영문) 서울고등법원 2018.07.26 2018노1042
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the lower court is deemed unreasonable.

B. Although the court below dismissed the request for attachment order of this case and the defendant and the person who requested the attachment order of this case (hereinafter "defendant") are likely to repeat a crime, it is improper for the court below to dismiss the request for attachment order of this case.

2. Determination

A. It is recognized that the judgment on the defendant's case recognized the defendant's mistake and reflects his mistake, the victims want not to punish the defendant while wanting the defendant's wife against the defendant, and there is no criminal history against the defendant.

However, even though the defendant should protect and rear the victims who are children as the relatives of the victims, the victims were exposed to their visits and committed several indecent acts on several occasions by taking advantage of their status as relatives. In light of the motive, circumstance, means and result, etc., the crime constitutes a very poor anti-human crime in light of the motive, circumstance, means and result, etc., and considerable mental impulse and situation that make it difficult to cure the victims aged as the crime of this case, and other factors such as the defendant's age, sexual behavior and environment, motive, means and result of the crime, etc., as well as the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court, the prosecutor's above assertion is justified.

B. Article 9(5) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. of Electronic Devices (hereinafter “Electronic Devices Attachment Act”) provides that the judgment on the case on the case on the attachment order shall be sentenced simultaneously with the judgment on the specific crime case. Thus, where the judgment on the Defendant’s case is reversed illegally, the judgment on the case shall also be reversed.

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