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(영문) 광주고등법원 2013.07.18 2013노208
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (one year of imprisonment) is too unreasonable for the defendant and the person who requested to attach an attachment order (hereinafter “defendant”) to whom the court below sentenced the defendant.

B. (1) The prosecutor (1) the sentence imposed by the court below on the defendant is too unjustifiable and unjust.

(2) In light of the Defendant’s risk of recidivism and the same record, etc., the period of attachment order (seven years) ordered by the lower court is too short and unfair.

2. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant that: (a) the victim’s bucks, a bucker’s bucks, which is merely seven years of age; and (b) the victim’s bucks, which were collected from her sexual organ, and committed an offense; (c) the degree of indecent act was strong; (d) the victim committed the instant offense even though she had been punished twice as the same offense; and (e) the victim’s mother is trying to strong

On the other hand, the defendant recognized all of the crimes of this case and divided his mistake in depth is favorable to the defendant.

In full view of such circumstances as the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too heavy or unreasonable.

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

B. As seen earlier, a judgment prosecutor clearly appealed with respect to the claim for attachment order. The Defendant’s case is deemed to have filed an appeal regarding the claim for attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, so long as the Defendant filed an appeal against the case involving the Defendant’s case. Therefore, this part is relevant.

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