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(영문) 대전고등법원 2016.01.15 2015노573
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The defendant's appeal is dismissed.

Reasons

In this Court’s trial scope, the court below sentenced a conviction against the defendant case and sentenced a judgment dismissing the prosecutor’s request regarding the case for which the attachment order is requested, and the defendant only appealed. As to the case for which the attachment order is requested, there is no benefit of appeal, and thus, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the application for the attachment order is excluded from the scope of this Court’s trial.

Judgment on the Reasons for Appeal

A. Improper sentencing on the gist of reasons for appeal: The sentence of the lower court (six years of imprisonment) is too unreasonable.

B. The crime of this case is very poor in light of the relation with the victim, the content of the crime, the method of the crime, the frequency of the crime, etc. that the defendant committed a similar act or commits an indecent act against the victim who is a friendly parent on several occasions and possessed obscene materials for the use of the child.

Since the victim's age is less than nine years of age and the victim's age is less than nine, and it is not good to health conditions, such as he shows a confluence and a fluence of nutritional symptoms, the defendant, his father, who is the defendant, has to assist or admonish the victim in the above-mentioned situation so that he can grow healthy and properly form sexual identity and values, but he has to commit an anti-human act with the intention of his parents, thereby preventing the victim from committing an anti-human act.

Due to the crime of this case, the father who should be believed to be the most trusted and will be the perpetrator, the victim seems to have suffered from the mental impulse and suffering that is difficult to recover through his life, and the father's mother seems to have suffered from the severe mental suffering.

Until the criminal liability of the defendant is very heavy, the victim and the victim did not receive the appearance from the parents of the victim.

The sentence imposed by the court below on the defendant is the lowest sentence according to the sentencing guidelines.

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