(영문) 서울고등법원 2013.04.11 2013노442 | 리걸엔진

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(영문) 서울고등법원 2013.04.11 2013노442

특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. In light of the gist of the grounds for appeal and the fact that the Defendant and the person subject to a request to attach an attachment order (hereinafter “defendants”) repent their errors, and the Defendant committed the instant crime in the front trial, the lower court’s punishment (eight years of imprisonment) is too unreasonable.

2. The judgment of the court below is reasonable in full view of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is divided, and the defendant has no record of criminal punishment for the same kind of crime, and the crime of this case is committed by rape or indecent act by compulsion by inducing the victims for the purpose of indecent act or sexual intercourse, and the circumstances of the crime of this case are not very good, and part of the victim is a female under the age of 14 or 16, in particular, the victim E and the court seems to have received a lot of mental impulses, and it seems that there will not be a lot of symptoms after the crime of this case, including the fact that the defendant committed the crime of this case in a planned and repeated manner, and the defendant committed the crime of this case, including the defendant's age, character and behavior, environment, family relationship, the motive and circumstance of the crime of this case, the method and consequence of the crime, and the recommended sentences in the sentencing guidelines for the enactment of the Sentencing Committee.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(1) The first order of the lower judgment: Provided, That the summary of sexual assault against children or juveniles to be disclosed shall be limited to the crimes of Articles 1 and 3 of the lower judgment.

"However, the summary of a sex offense against a child or juvenile disclosed shall be limited to the charge of rape and indecent conduct among the crimes No. 1 and No. 3 of the ruling.

“A matter to be observed by the person for whom the attachment order is requested” in the second sentence shall be as shown in the attached Form.

참조조문

-형사소송법 제364조 제4항

유사 판례

-서울고등법원 2013. 4. 11. 선고 2013노442,2013전노41(병합) 판결

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