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(영문) 서울고등법원 2013.07.26 2013노372
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

One copy of a seized smartphone (No. 1), a kitchen, and a kitchen.

Reasons

1. Summary of grounds for appeal;

A. The sentence (15 years of imprisonment, confiscation, and disclosure of information) of the lower court on the part of the Defendant case is too unreasonable.

B. According to a mental diagnosis document on the part of the case of a medical treatment order claim and on the person subject to a request for an attachment order, and the person subject to a medical treatment order (hereinafter “defendants”), the symptoms of the defendant are different from the quantity of typical symptoms and sexual intercourses. As such, the defendant cannot be deemed to fall under “sexual outpatients” as prescribed by Article 2 subparag. 1 of the Act on the Pharmacologic Treatment of Sexual Impacts by Sexual Offenders, and the opinion of the above mental diagnosis document cannot be deemed to be the diagnosis or diagnosis by a mental health specialist as prepared by the first grade J of the mental health clinical psychologists and cannot be deemed to be the diagnosis or diagnosis by a psychiatrist as prescribed by the above Act.

In addition, the defendant expected to be considered favorable in sentencing and consented to pharmacologic treatment, but the above consent was withdrawn, and the above consent was sentenced to 15 years of imprisonment at the court below. Among the crime of this case, the crime committed against many victims is caused by the proposal or inducement of considerable part of victims. Since the defendant can sufficiently control and suppress sexual desire and sexual impulses, there is no risk of recidivism and there is no need for pharmacologic treatment.

Nevertheless, the judgment of the court below ordering drug treatment to the defendant is improper.

2. Determination:

A. Before determining the grounds of appeal as to the part of the Defendant’s case, prior to the determination of ex officio on the grounds of appeal as to the part of the Defendant’s case, the Prosecutor examined ex officio, and at the time of the trial, No. 1 of

paragraphs 2 and 2-b, c.

Article 3 of the Act on Special Cases concerning the Punishment of Specific Crimes shall be amended as stated in the following facts, and the applicable provisions of Acts shall be added to "Article 7 (2) 1 of the Act on the Protection of Children and Juveniles against Sexual Abuse", and the applicable provisions of Acts shall be deleted.

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