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(영문) 광주고등법원 2015.04.23 2015노114
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the defendant and the requester for the attachment order against the defendant (hereinafter referred to as the "defendant") are the circumstances unfavorable to the defendant, such as: (a) the victims, who are children's relatives, were locked at their home as an opportunity to force the victims to commit indecent act; (b) the victims were forced to commit rape and attempted rape; (c) the crime was considerably poor; (d) the victims were likely to feel sexual humiliation and fear due to the instant case; and (e) the defendants were unable to receive any use from the victims.

However, the fact that the defendant has no criminal power for the same kind of crime, the defendant's wife who is a class 3 disabled person seems to have committed the crime of this case in a dynamic and dynamic state of drinking and drinking, and the fact that the defendant is a basic livelihood security recipient with the disability of anti-refluence, and the economic situation is not good, and all of the crimes of this case are led to the defendant's confession and reflects his mistake in depth.

In full view of the above factors of sentencing as well as the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, and the recommended sentences according to the sentencing guidelines, it cannot be deemed that the lower court’s punishment is too unreasonable to the extent that the Defendant’s punishment is reversed. Thus, the Prosecutor’s allegation in this part is without merit.

3. In a case where a public prosecutor partly filed an appeal against a prosecuted case, the case is deemed to have filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the same shall not apply to the petition of appeal and the grounds of appeal submitted by the public prosecutor, without stating the grounds of appeal on this part.

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