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(영문) 서울고등법원 2013.11.29 2013노3098
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

In addition, both the person subject to the attachment order, the person subject to medical treatment and custody request, the person subject to medical treatment order and the prosecutor.

Reasons

1. Summary of grounds for appeal;

A. The punishment (six years of imprisonment) imposed by the court below on the defendant and the person subject to an attachment order, the person subject to a medical treatment and custody request, the person subject to medical treatment and custody order request (hereinafter referred to as the "defendant, the person subject to medical treatment order"), and the person

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant is too unfilled and unreasonable. 2) Although the Defendant’s dismissal of the medical treatment order request was likely to recommit sexual assault crimes in the future as a sexually transmitted patient, the lower court dismissed the Defendant’s request for a sexual impulse medication order.

2. Determination

A. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor was committed by the Defendant and the prosecutor, leading the male victim of eight years of age to the public toilet of the building, cutting off his clothes, making the male victim of the age of eight, and repeatedly inserting the pen and the nives into the victim’s resistance.

In the case of an indecent act in a way that has been done for the last time and causing injury to the text that requires six weeks' treatment, in light of the victim's age, method of dynamic and virtual crimes, degree of damage, etc., the crime is extremely poor in light of the victim's age, method of criminal punishment, degree of damage, etc., the defendant's indecent act committed by the victim, which is highly likely to be subject to criticism by booming the victim's situation while committing an indecent act; the victim is suffering from mental suffering, such as causing a huge sexual humiliation that makes it difficult for the victim to feel physical suffering as well as physical suffering, and receiving psychological treatment and counseling treatment; damage recovery was not recovered; the victim and his parents want not to be punished against the defendant; the defendant was committed with the suspicion of indecent act against the female student in elementary school age and was suspended suspension of prosecution for 207; and the need for social punishment for committing an indecent act against a child by dynamic method and formation of a social consensus is disadvantageous to the defendant.

On the other hand, the defendant's mistake is recognized.

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