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(영문) 서울고등법원 2016.10.18 2016노2380
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The judgment below

Of them, the part of the defendant and the respondent for attachment order A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for nine years.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the person subject to the request for attachment order (hereinafter referred to as the "defendant") who made the decision by the court below against the Defendants (the imprisonment of 12 years and the imprisonment of 9 years) is too unreasonable.

The sentence imposed by the court below against the defendants in the defendant case of the public prosecutor's case is too uneasible and unfair.

Since the Defendants’ request for attachment order risks once again prevent sexual crimes, it is improper for the lower court to dismiss the Defendants’ request for attachment order.

Defendant

In this subsection, "Defendant A" is only the defendant, after ex officio determination as to part A.

We examine the grounds for appeal by the defendant and prosecutor ex officio prior to the examination.

The court below held No. 2-A.

2) As indicated in [Attachment 5] Nos. 8-2(4) and (3) of the former Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (wholly amended by Act No. 11556, Dec. 18, 2012; Act No. 10258, Apr. 15, 2010; Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof) were deemed to fall under Article 29 of the Criminal Act. However, the former Act on the Punishment of Sexual Crimes and Protection, etc. thereof was amended by Act No. 9110, Jun. 13, 2008 and was amended by Act No. 9110, Jun. 13, 2008; Act on the Punishment of Sexual Crimes and Protection, etc. thereof was amended by Act No. 1300, Mar. 13, 2008 to Act No. 3050, Jun. 21, 2008.

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