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(영문) 서울고등법원 2017.10.20 2017노2450
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six years.

For the defendant.

Reasons

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty and the part regarding which the request for attachment order was sought, and only the Defendant appealed.

Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the part of the judgment below regarding the request for attachment order is excluded from the scope of the trial of this court, and thus, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below.

2. The decision of the court below on the summary of the grounds for appeal (7 years of imprisonment and 200 hours of completion of sexual assault treatment programs) is too unreasonable.

3. The judgment of the defendant is recognized that the defendant committed an anti-human sexual crime, such as educating the victim so that the victim may have a proper sexual value, injuring the victim by rapeing the victim who is a father in a position to protect the victim, forcing him/her to engage in a similar act, etc. The defendant is deemed to have suffered a severe mental and physical suffering, and in this regard, it is inevitable to punish the defendant with severe punishment corresponding to the relevant criminal liability.

However, all of the crimes of this case led to the defendant's confession of his mistake in depth and expressed his intention to commit the crime of death to the victim and his family members several times, there is no history of criminal punishment for the same crime, somewhat contingent, the victim appears to have committed the crime of this case. The victim wishes to return to his family as soon as possible after being punished for a minor crime, and the mother of the victim wanted to return to his family as soon as possible after being punished for a minor crime, and the mother of the victim wanted not to care for a child under the family situation, but to reduce the punishment against the defendant, and the mother of the victim wanted to take care of his own child under the family situation, and also wanted to reduce the punishment against the defendant.

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