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(영문) 광주고등법원(제주) 2020.09.23 2020노66
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The judgment below

The remainder except for the part for which a request for attachment order is filed shall be reversed.

Defendant shall be punished by imprisonment with prison labor for ten years.

Reasons

The court below sentenced the defendant's conviction on the part of the defendant's case, and dismissed the prosecutor's request on the part of the request for attachment order, and sentenced the defendant to probation ex officio pursuant to Article 21-3 (2) of the former Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 16923, Feb. 4, 2020).

Since only the defendant appealed against this, the part of the judgment of the court below regarding the case of attachment order does not have a benefit of appeal.

Therefore, notwithstanding Article 9(8) of the Electronic Device Attachment Act, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part of the judgment below

2. Determination on the part of the defendant's case

A. The summary of the grounds for appeal (e.g., 12 years of imprisonment) by the lower court is too unreasonable.

B. The instant crime was committed by the Defendant with sexual intercourse by force over five times, the victim, who was a new victim, on whom he had been aware of, and the nature of the instant crime is not very good.

At the time, a victim who was a minor seems to have suffered a considerable sexual humiliation and mental suffering during the time to form a sound sexual identity and values.

Nevertheless, the defendant has aggravated the suffering of the victim by denying his criminal act in the investigative agency, claiming that the victim was seriously ill, and submitting false materials.

Even until now, the defendant did not receive the victim's letter, and has not been recovered from damage.

However, since the third trial of the court below, the defendant shows his attitude to recognize all of the crimes of this case and reflects them, there is no record of punishment for sexual crimes against the defendant, and the family members of the defendant continue to supervise the defendant.

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