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(영문) 광주고등법원 (전주) 2020.01.14 2019노205
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The defendant's appeal is dismissed.

Reasons

The court rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and a request for attachment order. Accordingly, the court appealed only the defendant.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the scope of judgment of this court is limited to the part of the defendant's case of the judgment below.

Summary of Grounds for Appeal

The sentence of the lower court that sentenced the Defendant to 12 years of imprisonment, 120 hours of order to complete a sexual assault treatment program, 5 years of order to disclose or notify the Defendant, and 5 years of employment restriction order to welfare facilities for children and juveniles, etc. is too unreasonable.

Judgment

The fact that the defendant recognizes both crimes in the appellate court and reflects his mistake, that the defendant has no record of being punished for a sex offense or of being sentenced to a fine heavier than that of a fine, that there is a physical disability of the defendant, that the family members of the defendant want to take the action, that some of the rape crimes are committed against the defendant in favor of the defendant.

On the other hand, the crime of this case is committed by threatening the victim who is a father of C in a de facto marital relationship (the age of 9 to 11 at that time) of the defendant to die of another person, and by inducing indecent acts by force with the victim's chests and her chests, in light of the details and methods of the crime, the victim's age, the relationship between the defendant and the victim, etc., and the defendant sent text messages to the purport that the defendant would make the victim be used as money after the crime. The victim who had undergone the crime of this case at the time of forming a sound sexual values and identity is treated with considerable mental suffering and pain, and now, the victim is treated with a mental health clinic due to inorganic evidence and water surface disorder.

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