logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.07.27 2017노1102
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable for the Defendant and the person who requested the attachment order.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The Defendant’s crime in the part of the instant case requires strict punishment against the Defendant, taking account of the following: (a) the Defendant and the person who requested the attachment order (hereinafter the Defendant) as the victim’s father and the victim’s father have to protect and rear the victim; (b) having been raped 10 times for a long time by taking advantage of the authority as a father and father, etc.; (c) is highly likely to be subject to social and moral criticism; and (d) the victim was pregnant due to the instant crime and undergoes heavy surgery, etc.; and (e) the victim was suffering from the mental suffering and suffering that cannot be done by being

However, considering the fact that the defendant repents his mistake, that the defendant does not have the same criminal record, that the victim does not want the punishment of the defendant, and that the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the argument of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is judged appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

B. The part of the case pertaining to the attachment order is deemed to have filed an appeal regarding the case pertaining to the attachment order under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices (hereinafter “Electronic Devices Attachment Act”). However, as long as the prosecutor filed an appeal regarding the case pertaining to the attachment order, the prosecutor did not submit a legitimate ground for appeal regarding the case pertaining to the attachment order, and the petition of appeal submitted by the prosecutor does not contain any indication of the grounds for appeal regarding this part and the record is not examined.

3. Conclusion.

arrow