logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.30 2016노2892
미성년자의제강간등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the request for the attachment order was filed while it rendered a conviction on the part of the defendant’s case against the defendant B, and the above defendant appealed only against the above defendant. Thus, there is no benefit of appeal as to the part for

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment of the court below regarding the request for attachment order was excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The lower court’s sentence that is too unfair is too unreasonable.

B. The lower court’s punishment is too unreasonable as it is too unreasonable.

3. As to the Defendant A’s assertion of unfair sentencing, each of the instant crimes is a situation unfavorable to the Defendant, such as: (a) the Defendant purchased the victim’s sexual intercourse under 11 years of age who is physically and mentally undeveloped; and (b) the victim has sexual intercourse twice; (c) each of the instant crimes appears to have suffered considerable mental impulse; and (d) the victim wanted to be punished by Defendant A up to the trial.

Defendant

A All of the crimes of this case are recognized by each of the crimes of this case, and there is no record that the above defendant was punished for the same crime, etc. are favorable to the above defendant.

In addition, considering the various circumstances that are conditions for sentencing, such as Defendant A’s age, character and conduct, environment, family relationship, and circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence of the lower court is too unreasonable.

Defendant

A’s assertion cannot be accepted.

4. As to the Defendant B’s assertion of unreasonable sentencing, each of the instant crimes is 11 years old, both of which Defendant B was physically and mentally unwritten.

arrow