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(영문) 서울고등법원 2016.06.30 2016노1162
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, both the appeal of the requester for the attachment order and the requester for the attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (10 years of imprisonment) against the defendant and the person who requested the attachment order and the person who requested the attachment order (hereinafter referred to as the "defendant") shall be too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. The Defendant committed the instant crime, recognizing all of the instant crimes, and against his mistake.

A defendant has no record of punishment for a sexual crime.

However, among the crimes in this case, the Defendant attempted to rape or rape the victim, who was shelves of his/her own, over several occasions, and such crime is extremely poor.

The defendant, after considering whether the victim C has committed sexual assault against the victim D, who is his/her father, was injured by the victim C, and also threatened the victim C with the victim's bodily injury and by threatening him/her with knife and knife.

The victims appear to have suffered a considerable physical pain due to the crime of this case, and in particular, it seems that the victims D were suffering from the mind that it is difficult to recover.

Nevertheless, the victims did not take any measures for the recovery of the victims' damage, and the victims want to severely punish the defendants.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, etc., all of the sentencing conditions and the scope of the recommended sentencing guidelines set by the Supreme Court sentencing committee, etc., it cannot be said that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

B. As long as the prosecutor of the attachment order and the protective observation order filed an appeal against the Defendant case, the case is also subject to the attachment order and the protective observation order pursuant to Articles 9(8) and 21-8 of the Act on the Protection and Observation, etc. of Specific Criminal Offenders.

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