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(영문) 대구고등법원 2020.08.12 2020노150
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two years and six months of imprisonment, and the short-term two years of imprisonment) is too unreasonable for the Defendant and the person subject to a request for an attachment order or the person subject to a request for a probation order (hereinafter “Defendant”).

The defendant explicitly withdraws the claim of mental disability on the second trial date of this court, and asserts that it is different to consider it as a reason for sentencing.

B. Prosecutor 1) The lower court’s sentence in the part of the Defendant’s case is too unfilled and unreasonable. 2) Although the Defendant was likely to recommit a sex crime in the future, the lower court’s dismissal of the Defendant’s request for an attachment order and a probation order against the Defendant is erroneous by misapprehending the legal doctrine.

2. Determination

A. As to the part of the defendant's case, the defendant committed similar rape after inducing the victims who are minor victims under the age of 13 who are 13 to do or to make money by assault and intimidation, and taken the body against the victim's will.

Each of the crimes of this case is very bad in light of the relationship between the defendant and the victims, the age of the victims, the duration, frequency, and method of the crime, etc.

At the time of the crime, victims who are merely elementary school students aged between 6 and 10 who have not yet established sexual values are likely to feel a considerable sense of sexual humiliation and have suffered serious physical and mental suffering due to the above crime.

Nevertheless, the defendant has not yet received a letter from victims and their guardians.

On the other hand, the defendant recognized all of the crimes of this case, and is against the mistake, and suffers from the disorder of excessive activity-oriented failure.

There is no record of juvenile protective disposition or criminal punishment prior to the instant case.

The defendant has yet to be aged 15.

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