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(영문) 서울고등법원 (춘천) 2014.10.22 2014노129
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

Defendant

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

Reasons

Summary of Grounds for Appeal

With respect to the punishment (eight years of imprisonment) sentenced to the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant"), the court below asserts that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

The judgment on the part of the case of the defendant was made by the defendant as a witness at the court of first instance, and the defendant did not properly look at the victim who was under the age from time to time, and did not continuously engage in sexual intercourse, etc. from the time of the elementary school student, and the nature and circumstances of the crime are very poor, such as sexual intercourse, and the victim suffered from a long-term mental pain due to the damage of the crime of this case, such as receiving a long-term mental treatment, etc., and the victim appeared as a witness at the court of first instance, the defendant expressed his wish to punish the defendant, but he written a letter of revocation of the complaint after the statement was made, and the defendant did not have the power to commit sexual crimes, and all other favorable sentencing conditions indicated in the records, such as the defendant's age, character and behavior, character, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed unfair if the court below imposed imprisonment for a period of eight years to the extent of sentencing guidelines is too heavy or it is too unreasonable.

In a case where the Defendant and the prosecutor filed an appeal against the Defendant regarding the part regarding the claim for attachment order, it shall be deemed that the Defendant and the prosecutor filed an appeal regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders. However, the Defendant and the prosecutor’s petition of appeal or the grounds of appeal are not indicated in the grounds of appeal, and even if examining the judgment of the court below, there is

In conclusion, the Defendant.

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