(영문) 서울고등법원 2014.03.13 2014노118 | 리걸엔진

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(영문) 서울고등법원 2014.03.13 2014노118

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six years.

80 hours per the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one-year imprisonment, etc.) imposed by the Defendant and the respondent for an attachment order, and the respondent for a treatment order (a two-year imprisonment) by the court below on the respondent and the respondent for an attachment order, and the respondent for a treatment order (hereinafter “defendant”) is too unreasonable.

B. (1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

Even though there is an obstacle to sexual assault and risk of repeating sexual crimes, it is improper for the court below to dismiss the defendant's request for an attachment order and a medical treatment order against him/her.

2. Determination

A. As to the judgment on the part of the defendant's case (as to the assertion of unreasonable sentencing by the defendant and the prosecutor), there are circumstances that may be considered in light of the circumstances, such as the following: (a) the defendant acknowledges the crime of this case at the latest; (b) the defendant has no specific criminal power other than the three-time fine prior to the defendant; and (c) the defendant's wife takes the lead of the defendant; and (d) the defendant's personal seal wanted to take the defendant'

However, although the crime of this case was committed by the defendant as the house of the church in which the defendant was living together with his family, and is responsible to protect the victim at the time of forming sexual identity and values, it is rather the case where the victim repeatedly took the victim as the object of resolving sexual desire over a considerable period of more than 9 to 11 years, and the crime of this case is extremely heavy and highly likely to be criticized, and the sexual assault of this case was committed by the victim, but the victim did not recover from damage, and the victim was strongly punished against the defendant.

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