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(영문) 대전고등법원 (청주) 2017.07.20 2017노65
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal and the person against whom the attachment order was requested (hereinafter “defendants”) were sentenced to imprisonment with prison labor for not less than 15 years, the attachment order for location tracking devices and 20 years, the attachment order for electronic device, and the order to disclose personal information is too unreasonable.

2. Determination:

A. The Defendant had no record of punishment for sexual crimes before committing each of the instant crimes.

In the past, the defendant is against his will to commit his criminal act in the past.

However, each of the crimes of this case is likely to have committed an indecent act and sexual intercourse on several occasions by approaching the victim, who is the disabled of the third degree of the intellectual disability of the age, on several occasions, and the nature of the crime is very heavy.

A victim, who was growing due to each of the crimes in this case, seems to have received a life-long cleaning agent, along with a considerable mental impulse.

Nevertheless, the Defendant did not endeavor to recover the damage of the victim until the trial of the party, and did not receive a letter of suspicion from the victim.

In addition, considering all other factors such as the defendant's age, sex, environment, motive, means and consequence of the crime, method of the crime, and circumstances after the crime, the sentence of the court below against the defendant is too unreasonable.

Therefore, the defendant's ground for appeal on this part is without merit.

B. As long as the Defendant filed an appeal regarding the Defendant’s case, the appeal is deemed to have been filed regarding the claim for attachment order pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. of Electronic Monitoring Devices.

However, the defendant did not submit legitimate grounds for appeal against this part, and there is no reason to reverse this part even if it is ex officio.

3. The appeal by the defendant for the decision is without merit, and thus, Article 364(4) of the Criminal Procedure Act and the protection and observation of specific criminal offenders are observed.

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