(영문) 서울고등법원 2016.10.27 2016노2357 | 리걸엔진

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(영문) 서울고등법원 2016.10.27 2016노2357

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

Text

The defendant's appeal is dismissed.

Of the judgment of the court below, the second page 1 of the judgment of the court below shall be confiscated.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order case upon conviction on the part of the defendant’s case. Since only the defendant appealed, there is no benefit of appeal regarding the part of the attachment order case.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order is excluded, and the scope of the judgment of this court is limited to the part concerning

2. The sentencing of the lower court is too inappropriate.

3. The judgment is recognized that the defendant repents his mistake, and that the defendant is the primary offender.

However, the crime of this case was committed by the defendant against the victim C and H, who is a child, or sexual abuse, such as sexual harassment that causes a sense of sexual shame, etc., and caused the victim C to perform a non-obligatory act, by intimidation, producing child and juvenile pornography over several times, inducing the victim H under the age of 13 to put the victim under the age of 13 into the defendant's sexual organ inside the mouth of the victim H, by intimidation, and by deceiving the victim K, etc. over several times, and the crime is not good, and the crime was committed. The crime was committed against the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor sexual act under the age of 13). The defendant was aware of considerable mental suffering and suffering from the victim C and H. The defendant did not agree with the victims until the victim was in the trial, and the defendant did not agree otherwise, considering the defendant's age, character and behavior and environment, motive, means and result of the crime, and circumstances after the crime, etc., the above argument by the court below is not justified.

4. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

-형사소송법 제364조

유사 판례

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