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(영문) 서울고등법원 2013.07.19 2013노1318
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

information about the defendant for five years.

Reasons

1. Part of the defendant's case

A. The gist of the grounds for appeal is too unreasonable.

B. The instant crime committed by the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed an indecent act by force against the victims who are relatives and children, and the nature of the crime is very poor.

However, in light of the following facts: (a) the Defendant recognized his mistake for the time of the trial; (b) the mother and divorce of the victims; (c) the rearer of the victims and the parental authority are designated as the mother of the victims; and (d) the victims have been able to live separately from the Defendant in the future; and (c) the Defendant has no criminal record; and (d) the Defendant’s age, character and conduct, environment, motive and background of the crime; (b) the means and method of the crime; and (c) the circumstances before and after the crime, etc., the lower court’s punishment is somewhat unreasonable, and thus, this part of the Defendant’

2. The part of the case pertaining to the attachment order is deemed to have filed an appeal against the case pertaining to the attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, inasmuch as the Defendant filed an appeal against the case pertaining to the case pertaining to the attachment order, and in light of the provisions of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, if the part pertaining to the Defendant’s case is reversed, the attachment order case to be concurrently tried and sentenced

3. In conclusion, the defendant's appeal is justified and the part of the case requesting the attachment order is subject to the above ex officio reversal. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and the judgment below is reversed

Criminal facts, facts constituting the cause of the request for attachment order, and summary of evidence.

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