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(영문) 서울고등법원 2017.09.29 2017노1907
아동ㆍ청소년의성보호에관한법률위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part on which the request for attachment order, the request for attachment order, and the request for protective observation order was filed, and only the Defendant appealed.

Therefore, notwithstanding Articles 9(8) and 21-8 of the Act on the Protection of Specific Criminal Offenders and the Electronic Monitoring, Etc., the part of the judgment below regarding the request for attachment order and the request for protective observation order among the judgment below is excluded from the scope of the judgment of this court, and thus, the scope of the judgment of this court is limited to the part of the case of the defendant among the judgment below.

2. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six years and the completion of the sexual assault treatment program) is too unreasonable.

3. The judgment of the defendant is against all the confessions of the crime of this case, and there is no record of punishment for the same crime.

However, the crime of this case is likely to have significantly caused fear and mental shock in light of the content and method of the crime, etc., the crime of this case is likely to have been committed, not only by the defendant but also by the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and other various circumstances that form the conditions of sentencing, such as the defendant's age, sex, family relation, and the circumstances after the crime, are examined comprehensively. In light of the above, the court below's punishment is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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