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(영문) 서울고등법원 2013.05.09 2013노651
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

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

The judgment below

Orders of the Republic of Korea.

Reasons

1. Summary of grounds for appeal;

A. The sentence (two years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant (i.e., the Defendant) is too unfasible and unfair.

The judgment of the court below that dismissed the defendant's request for an attachment order, even though it is highly likely to recommit a sexual crime, in light of the crime subject to the instant crime, the defendant's violent tendency, etc.

2. Determination

A. Regarding the assertion of unreasonable sentencing as to the defendant's case of the defendant and prosecutor, although the defendant made confession of all of the crimes of this case and the victim did not want the punishment of the defendant, and in relation to the act of sexual assault of this case, the amount acquired by the insurance company was repaid when it was judged to be reasonable. However, the sexual assault of this case is about the defendant's attempt to rape the victim who is a child or juvenile as his child's child's child's child's child's child's child's child's child's child's child's child's child's child's child's child's sex crime of this case's crime of this case's insurance fraud of this case is very poor and it is not good that the crime of this case's crime of this case's crime of this case's insurance fraud is ultimately committed by taking charge of the burden to the good insurance policy's child's child's age, character and behavior, family environment, motive and circumstance before and after the crime

Therefore, the above argument by the defendant and the prosecutor is without merit.

B. In order to issue an order to attach an electronic tracking device pursuant to Article 5(1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders with respect to the claim regarding the prosecutor’s request for attachment order, the person who requested the attachment order.

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