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(영문) 대구고등법원 2018.04.26 2018노12
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order are dismissed.

Reasons

1. Maintenance of reasons for appeal;

A. The sentence that the court below sentenced against the defendant and the requester for the attachment order (hereinafter “defendant”) (the imprisonment of 18 years and the completion of the sexual assault treatment program for 80 hours) is too unreasonable.

B. It is improper for the lower court to order the Defendant to attach or attach an electronic tracking device for a period of ten years.

2. Determination

A. Examining the various sentencing conditions in the instant case regarding the Defendant’s part (1) of the instant case’s determination of the unfair argument, the circumstances favorable to the Defendant are as follows: (a) the Defendant led to the confession of part of the instant crime at the lower court; and (b) the Defendant’s confession of all the instant crimes and reflects his mistake; and (c) the Defendant’s health is not good due to the cutting of bridges and blood pressure, etc.

Meanwhile, the crime of this case was committed in 13 times in total from 12 years to 14 years of age in order to protect the victims and to resolve their distorted sexual desire as the guardian of the victims who have de facto been responsible for protecting the victims and raising them healthy. The crime of this case was committed repeatedly for a long time against the victims, such as rape, forced indecent act, quasi-rape, quasi-rape, and indecent act or similarity, etc. against the victims, and ② The victims committed physical abuse against the victims more than five times in total under the pretext of misunderstanding, even though they seem to have not committed any particular wrong act. In light of the law on the crime of this case and the patterns, face-to-face character and violence, in particular the relationship between the defendant and the victims, etc., it seems difficult to cure the victims in the course of the crime of this case.

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