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(영문) 대구고등법원 2016.11.17 2016노505
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

Defendant

In addition, both the respondent for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: imprisonment with prison labor for three years and six months; Defendant B; imprisonment for the crime set forth in the Decision No. 2; imprisonment with prison labor for the crime set forth in the Decision No. 2; two years and six months for the crime set forth in the Decision) is too unreasonable for the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too uneasible and unfair. 2) The lower court’s improper exemption from the registration of personal information is unreasonable as it erred by misapprehending the legal doctrine.

3) It is unreasonable for the lower court to have exempted the Defendants from the disclosure order of personal information regarding the crime No. 2-b of Defendant B’s decision. 4) Since the Defendants’ risk of recidivism in the part of the case of Defendant B’s request for the attachment order, the request for attachment order

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case is extremely important for the Defendants to commit the crime of sexual intercourse or indecent act against the victim who is a Blshes or shelshes, or she has sexual intercourse,

피고인들은 범행 당시 10세∽11세에 불과한 피해자를 간음하였고, 피고인 B는 피해자가 17세에 이르렀을 때에도 강제로 추행하였다.

Although Defendants were not included in the scope of prosecution, they are likely to have sexual intercourse with victims from time to time and commit indecent acts in addition to the instant crime.

Even after the victim was pregnant by having sexual assaulted by the defendant A, the victim was even subject to the surgery of abortion.

In particular, the possibility of criticism is greater in that Defendant B was responsible for protecting and fostering the victim so that the victim can grow properly as a shesheshel of the victim.

Due to the crimes committed by the Defendants, the victims suffered physical and mental suffering which cannot be said to be formed, and they became unable to live in the future.

Nevertheless, the Defendants are victims and the victims.

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