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(영문) 서울고등법원 (춘천) 2020.01.08 2019노187
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

Defendant

In addition, all appeals filed by a person subject to attachment order, a person subject to probation order and a prosecutor shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) asserted that the Defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “Defendant”) asserted that the lower court’s punishment (one year and six months of imprisonment) is too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too uneasible and unfair.

2. The Defendant appears to have an attitude against this court to make a confession of a crime from the lower court to the effect that the Defendant was a juvenile of 18 years of age at the time of committing the crime, the Defendant was not subject to criminal punishment, and there was no record of juvenile protective disposition on several occasions, but is not due to a sex offense, and the fact that the crime was committed against an attempted crime is more favorable to the Defendant.

However, this case was intended to rape a woman-friendly Gu with which the defendant had not been able to teach the defendant under the ground room, and the nature of the crime is bad, and the victim was 15 years of age at the time of the case, and the victim appears to have received considerable sexual humiliation and mental impulses, such as self-injury in violation of his/her hand and receiving hospitalized treatment at a mental hospital after the case, etc., and the victim was punished by the defendant at the investigative agency, and the victim was submitted by the court below to the effect that he/she did not want the defendant's punishment under the victim's father's name, but it cannot be concluded that the victim's intent was reflected in the victim's own will.

In addition to these circumstances, considering the fact that there is no special change in circumstances that may vary in the punishment following the pronouncement of the lower judgment, and other various factors of sentencing as revealed in the proceedings of the instant pleadings, such as the Defendant’s age, character and conduct, family environment, motive, means, and consequence of the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

3. The case for the attachment order; and

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