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(영문) 서울고등법원 (춘천) 2018.01.10 2017노126
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

Defendant

In addition, all appeals filed by the respondent for an attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mental and physical weak (defendant) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) committed each of the instant crimes under the mental and physical weak condition.

B. The Defendant asserts that the sentence of the lower court (10 years of imprisonment with prison labor) against the Defendant (the Defendant and the Prosecutor) is too unreasonable, and the Prosecutor asserts that the sentence is too uneasible and unfair.

2. Determination on the defendant's case

A. In light of the developments leading to each of the instant crimes, the means and methods of committing the instant crimes, the circumstances after committing the instant crimes, and the fact that the Defendant stated in a relatively accurate memory of the crime partially recognized at the time of the investigation, etc., the Defendant had the ability to discern things or make decisions at the time of each of the instant crimes.

It does not seem that the Defendant did not clearly argue whether he was in a state of mental or physical weakness for any reason at the time of committing each crime (the Defendant did not clearly state his mental or physical weakness for that reason). Therefore, the Defendant’s mental

B. The lower court seems to have rendered the said sentence by taking into account equally the unfavorable circumstances, such as the fact that the Defendant had no record of punishment exceeding the suspended sentence, and that there is a very high possibility of criticism of the crime of this case committed with sexual intercourse and indecent act against the Defendant’s children at favorable circumstances and age, such as the fact that there is no record of punishment exceeding the suspended sentence, and that the possibility of criticism is also very high, and that the victims’ psychological sufferings suffered from each of the crimes of this case are

In the past, there are circumstances in which the defendant recognized all of the crimes and the victim sent a letter that seems to be the defendant. However, in light of the above conditions of sentencing, the sentencing guidelines are special mitigation factors in the sentencing guidelines in light of the victim's correspondence, etc.

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