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(영문) 서울고등법원 2021.01.28 2020노2179
유사강간등
Text

Defendant

In addition, the appeal by the requester for the order to observe the protection is dismissed.

Reasons

1. The court below rendered a judgment ordering the defendant and the requester for the protective observation order (hereinafter “the defendant”) to undergo the protective observation regarding the part of the case for which the defendant's judgment was found guilty and the protective observation order was requested. The court rendered a judgment dismissing the prosecutor's request regarding the part for which the request for the attachment order was filed. As the only defendant appealed, there is no benefit of appeal regarding the part for which the attachment order was requested.

Therefore, notwithstanding Article 9(8) of the Electronic Device Attachment Act, the scope of the trial of this court is limited to the part of the case of the defendant and the part of the case of the case of the protection observation order, and the part of the case of the attachment order

2. Summary of grounds for appeal;

A. Improper sentencing by the lower court is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to observe the protective observation order for a period of two years.

3. Determination

A. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing has become final and conclusive, and all of the crimes of this case are recognized, and his mistake is divided and reflected.

However, the crime of this case is committed by putting the victim who became aware of online hosting in his house and then putting the fingers into the sexual organ of the damaged person, and the nature of the crime is not good. The crime of this case seems to have been committed by the victim, the defendant received a letter from the injured person or did not reach an agreement with the injured person, despite the fact that the defendant had been punished for the same kind of crime in the past, he again committed the crime of this case, and taking into account the defendant's age, sexual behavior and environment, motive, means and method of the crime, circumstances after the crime, etc., and other conditions of sentencing as shown in the argument of this case, etc., the defendant asserts in the trial of this case.

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