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(영문) 서울고등법원 2013.11.28 2013노2989
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

Defendant

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

Reasons

1. In light of the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

2. Determination

A. Although the defendant in the defendant's case reflects the wrongness of the defendant, and the defendant deposited KRW 2 million for the victim D, the defendant has been punished several times due to indecent acts by force against male students age, the defendant has committed a crime continuously and repeatedly against many victims, and the contents and method of the crime are continuously and repeatedly committed, compared to the past crimes, there is a large degree of criticism against the defendant who committed the crime in this case against the unborn juveniles visiting the same-sex tendency site due to the self-defense, and it seems that the victims have suffered significant mental and physical shock, and that the establishment of sexual identity seems to have a bad influence on the victim's age, character, character, environment, family relations, motive of the crime, means and consequence of the crime, etc., as well as the sentencing guidelines established by the Sentencing Committee, it is unreasonable to view that the punishment of the court below is unreasonable by comprehensively taking into account all the unfavorable circumstances such as the defendant's age, character and behavior, family relation, the motive and consequence of the crime in this case and the circumstances after the crime, etc.

Therefore, the defendant's assertion is without merit.

B. As long as the Defendant filed an appeal against a prosecuted case, it is deemed that the Defendant filed an appeal against an attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, even if the Defendant did not submit any grounds for appeal regarding the attachment order case, the lower court did not ex officio investigate and reverse the part of the attachment order case.

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