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(영문) 서울고등법원 2013.12.12 2013노3266
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecutor’s request regarding the part of the attachment order case, and convicted and sentenced three years of imprisonment with prison labor for the part of the defendant’s case. Since only the defendant appealed, there is no interest in appeal regarding the attachment order case.

Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, does not apply (see, e.g., Supreme Court Decisions 82Do2476, Dec. 14, 1982; 201Do6705, 201Do20, Aug. 25, 201); and an attachment order case against the Defendant is excluded from the scope of the trial of this Court.

Therefore, the scope of this court's adjudication is limited to the defendant's case which was pronounced guilty by the court below.

2. The sentence of the lower court (three years of imprisonment) is too unreasonable in view of the nature of the grounds for appeal of this case’s indecent act, the degree and frequency of crimes, etc.

3. The crime of this case is considered in full view of the following factors: (a) although the defendant is liable to rear the victim as a shesheshesheshesheshe was sheshesheshesheshe was committed an indecent act twice; (b) the nature of the crime is very poor; (c) the mental suffering suffered by the victim is expected to be high; (d) the defendant did not make any particular effort to recover the victim's damage; (e) the defendant did not make any effort to compensate the victim; and (e) the defendant still wanted to punish the victim; (e) the defendant recognized the defendant's crime late in the appellate trial; (e) the defendant has no record of punishment for the same crime; and (e) the extent of the indecent act of this case is not much serious; and (e) the defendant's age, character, environment, family relationship, motive and consequence of the crime; and (e) various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime; and (e) recommendations in the sentencing guidelines established by the Supreme Court.

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