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(영문) 대구고등법원 2019.10.30 2019노344
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

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

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment that found the Defendant case guilty, that ordered the attachment of an electronic tracking device for a period of 20 years, and that dismissed the prosecutor’s request regarding the part of the case of probation order claim.

On the other hand, since only the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have appealed, there is no interest in appeal regarding the part of the probation order claim.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for probation order is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The sentence of the lower court (12 years of imprisonment) on the part of the Defendant case is too unreasonable.

B. The period of attachment order (20 years) set by the court below for the part of the claim for attachment order is too unfair.

3. Determination

A. As to the part of the Defendant’s case, the Defendant: (a) was sexual intercourses over several times a year with a young victim who was 12 years of age, who was her father and her mother; and (b) was sexual intercourses with the victim for about one year; and (c) when the victim was faced with the termination of the relationship with the victim, the Defendant committed several rapes by kidnapping and inducing the victim to drink or threaten the victim.

Upon reporting the Defendant’s mother’s report, the Defendant prepared a knife in order to murder a female, and followed the knife, etc., and went back to the additional crimes for retaliationing, such as committing a knife and following the knife. In addition, sexual crime victims were kidnapped, induced sexual crime victims to rape, and inflicted bodily injury in the process.

It is very heavy that the responsibility for the crime is taking into account the process, method, frequency, and period of the crime.

Although the defendant, as an adult, has a duty to protect children so that they can have a sound sexual sense and awareness, he knows it.

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