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(영문) 서울고등법원 2016.07.07 2016노1372
아동ㆍ청소년의성보호에관한법률위반(강제추행)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 (Sentencing in sentencing) is unreasonable because the court below sentenced the defendant and the person who requested to attach an attachment order (hereinafter “defendant”) to the defendant (one hundred years of imprisonment).

2. Determination

A. The Defendant in the part of the instant case recognized all of the instant crimes.

However, around 2011, the Defendant: (a) stolen the victim’s goods from the victim’s house of the victim I (n, 44 years of age); (b) threatened the victim with the task, which is a dangerous object; and (c) forcibly taken off and raped the victim.

In addition, as a parent of the female living together with one another, a juvenile victim C (ma, 15 years of age) had sexual intercourses with two times in advance, and stored sexual intercourses as video recording and file. As a relative of the above C, the victim E (ma, 15 years of age) was forced to commit an indecent act as a juvenile victim E (ma, 15 years of age).

이러한 피고인의 범행은 죄질이 매우 나쁠 뿐만 아니라 도덕적으로도 비난 가능성이 아주 높다.

The victims of special robbery, due to each of the crimes in this case, have suffered a great mental shock and a sense of sexual humiliation, and the victims were adversely affected by the formation of sexual identity.

The victims have been punished for the defendant.

Defendant has been punished several times due to special robbery of the same kind, injury resulting from rape, etc.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, and all of the sentencing conditions as shown in the argument in this case and the circumstances in which the lower limit of the applicable sentences is ten years of imprisonment, etc., it cannot be said that the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion is not accepted.

B. As long as the Defendant filed an appeal regarding the Defendant’s case, the part of the case regarding the attachment order is deemed to have filed an appeal 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.

However, the defendant or the defendant.

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