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(영문) 광주고등법원 2013.10.10 2013노359
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (the disclosure and notification of information for a period of six years, six years, and six years, and the attachment and imposition of an electronic device for six years) against the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The prosecutor (1) the lower court’s sentence is too unjustifiable and unjust.

(2) The unfair attachment period of the lower court’s improper attachment order is too short and unfair.

2. Determination

A. We examine the Defendant and the Prosecutor’s assertion together.

Although the nature of the instant crime is not good, comprehensively taking account of all the circumstances such as the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the instant crime, etc., the Defendant’s assertion as to the Defendant and the prosecutor is without merit, since the lower court’s punishment is too heavy or unreasonable, inasmuch as it is not acknowledged that the Defendant and the prosecutor’s aforementioned assertion are without merit.

B. (1) As long as the Defendant filed an appeal against the Defendant’s case, the case is deemed to have also been lodged pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the petition of appeal and the statement of grounds for appeal submitted by the Defendant are not indicated in the grounds for appeal as to this part, and there is no ground for reversal after examining the judgment of the lower court ex officio.

(2) In light of the overall circumstances, such as the instant crime history, motive, means and consequence, the Defendant’s speech and behavior before and after the instant crime, and the content of the claim investigation, etc., the lower court’s judgment is justifiable in that the period of attachment order ordered by the lower court is not deemed to be too short and unreasonable, and the Prosecutor’s allegation in

3. In conclusion, the appeal by the Defendant and the prosecutor is without merit.

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