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(영문) 광주고등법원 (전주) 2015.12.15 2015노181
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

The defendant shall be 120 hours.

Reasons

1. The court below found the Defendant guilty of the facts charged and rendered a judgment dismissing the prosecutor’s claim regarding the case claiming an attachment order, and the part requesting an attachment order does not have any interest in the appeal, since only the Defendant appealed.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 2010Do7079, Aug. 19, 2010; 2010Do41, Aug. 19, 2010). As such, the part of the claim for attachment order against the Defendant is excluded from the scope of

2. The main points of the grounds for appeal are that of the lower court’s imprisonment (15 years of imprisonment, etc.) too unreasonable;

3. The judgment of the defendant committed the crime of this case continuously rapes the victim at the age of 11 to 4 years, who was her parent's divorce. The crime of this case is highly severe, and the defendant committed the crime of this case repeatedly in order to satisfy his/her sexual needs even though he/she was in a position to protect and rear the victim after living together with the victim's money, and was in a position to protect and rear the victim. Accordingly, the victim was able to receive two times or more of pregnancy and abortion, which will not reach the age of 14 years of age, and his/her hand son was harming him/her, suicide attempted several times, etc., and even if he/she attempted suicide, it is inevitable for the defendant to evade his/her normal life due to mental pain, fear of retaliation against the defendant, etc., and his/her ability to escape from the crime of this case.

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