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(영문) 서울고등법원 2014.04.17 2013노3909
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment below

The part of the defendant's case against the defendant A, B, and C shall be reversed.

Defendant

A shall be sentenced to a maximum of four years of imprisonment;

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Defendant and the person against whom the attachment order was requested (hereinafter “the Defendant”), (the maximum term of four years of imprisonment, the short term of three years and six months, and the fine of 300,000 won) by the lower court, is unfairly heavy.

B. Defendant C’s imprisonment (the maximum term of three years and six months, and the short term of three years) imposed on the Defendant is unfairly excessive.

C. Prosecutor 1) The sentence imposed by the lower court on the Defendants (long-term four years of imprisonment with prison labor for the Defendants A, 3 years and 6 months of short-term three years and 300,000 won, 3 years of suspended execution, 4 years of imprisonment with prison labor for Defendant C, 3 years and 6 months of long-term, 3 years and 3 years of short-term, 3 years of imprisonment for Defendant C, and below “Defendants” refers to the above three persons except

(2) The lower court’s rejection of the request for an attachment order against the Defendants is unreasonable, despite the risk of repeating a sexual crime against the Defendants, even though it is unreasonable for the lower court to dismiss the request for attachment order against the Defendants.

2. Determination

A. Before the judgment on the grounds for appeal regarding the part of the Defendant case against the Defendants, the prosecutor ex officio examined the first head of the facts charged for special rape and joint injury in the trial in the trial, and the prosecutor asked that “the Defendant and Co-Defendant D of the lower court gathered that they would be able to leap the victim F (n, 17 years of age) who was a juvenile born at the home of the Defendant C around July 30, 2013, the victim F (n, 17 years of age) who was staying in the house of the Defendant C,” and that the subject of the judgment was changed by this court’s permission, the part of the Defendant case against the Defendants in the lower judgment was no longer maintained.

B. The risk of recidivism of a sexual crime under Article 5(1) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders in the part of the request for attachment order means that the possibility of recidivism is not sufficient enough, and it is highly probable that the person who requested attachment order will injure legal peace by committing a sexual crime again in the future.

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