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(영문) 서울고등법원 2014.09.25 2014노1324
아동ㆍ청소년의성보호에관한법률위반(강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the attachment order claim while rendering a judgment of conviction against the defendant, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the part of the judgment below regarding the application for attachment order to the defendant is excluded from the scope of the judgment of this court, and only the defendant's case falls under the scope of the judgment of this court.

2. The sentence imposed by the lower court (five years of imprisonment) shall be excessively unreasonable.

3. There are extenuating circumstances, such as the defendant's attitude to recognize and reflect his mistake, and the defendant has no same criminal records.

However, the crime of this case is about rape of a female victim who is a juvenile, and the nature of the crime is heavy, and the victim seems to have suffered considerable mental shock and pain. Nevertheless, since the defendant did not take any measures to recover damage, the victim wanted to have a severe punishment against the defendant, it is necessary to ask the defendant for the corresponding criminal liability. In light of various sentencing conditions indicated in the records, such as character and conduct of the defendant, environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed to be unfair because it is too appropriate and too excessive.

The defendant's assertion of unfair sentencing is without merit.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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