logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2013.04.16 2013노54
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and five years of suspended execution) that the court below rendered is unreasonable, and accordingly, the request for an attachment order is dismissed.

2. The judgment of the court below is an unfavorable circumstance such as the defendant's indecent act by force against the victims of the five-year old age who had been playing at the defendant's home, and the nature of the crime is very poor, the victims and their families have suffered from the crime of this case, and in particular, there are concerns over impeding the normal development of the victims of the age, but on the other hand, the defendant seems to recognize and reflect most of the crimes. The defendant does not want the punishment of the defendant, the victims do not want the punishment of the defendant, before the crime of this case was committed, the defendant's wife and his father, etc. have no previous conviction except for the punishment of the defendant, before the crime of this case was committed by the victims, and the defendant's wife and his wife, etc. have filed a favorable appeal against the defendant, based on the sentencing conditions under Article 51 of the Criminal Act and the scope of recommendations based on the sentencing guidelines under the sentencing guidelines and the sentencing guidelines of the defendant, and considering the punishment of the court below against the defendant within the proper scope of the sentencing of the public prosecutor.

Meanwhile, according to Article 9(4)4 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order must be dismissed when the suspension of execution is imposed on the specific crime case. Thus, the prosecutor’s appeal on this part is rejected.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

arrow