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(영문) 서울고등법원 2017.08.17 2017노1551
유사강간상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentencing of the lower court is too unreasonable.

2) Although there are special circumstances under which disclosure and notification order should not be disclosed with the personal information of the accused, it is unreasonable to order the court below to disclose and notify the accused for a period of five years.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor requires strict punishment against the Defendant, in light of the following: (a) the Defendant committed the instant crime with respect to the illegal assertion of sentencing between the Defendant and the Prosecutor; (b) committed a cruel act by having the Defendant detained the Victim G by committing a cruel act; and (c) committed an act by having the victim detained the victim C with his sexual organ; (d) put the victim C with his sexual organ into the mouth of the victim C; and (e) inflict an injury upon the victim C; and (e) the Defendant did not agree with the victims up to the trial of the case.

However, the defendant's mistake is divided, the defendant has no record of punishment for sexual crimes, and there is no change in the conditions of sentencing compared to the original judgment, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfasible. Thus, the above argument by the Defendant and the Prosecutor is without merit.

B. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Act on the Protection of Children and Juveniles against Sexual Abuse, in principle, discloses and notifies all persons who have committed sexual crimes to defend our society from sexual crimes.

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