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(영문) 서울고등법원 2013.04.04 2013노552

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (13 years of imprisonment) is too unreasonable.

B. (1) In light of the circumstances on the accused of unreasonable sentencing, the sentence imposed by the court below (13 years of imprisonment) is too uneasible and unfair.

(2) It is reasonable to set the period of attachment order to the defendant 30 years in light of the risk of recidivism by the defendant in the attachment order case, the age of the victims of the case, the defendant's records, and the frequency of the crime of this case

2. Determination

A. The defendant committed each of the crimes of this case during the period of repeated crimes, the defendant invadedd his residence at the new wall time, and raped the victims, and the frequency of each of the crimes of this case reached four times, among which three times the crimes were raped after threatening victims by using a deadly weapon, the defendant did not take any measures to recover the victims, and the victims could have suffered considerable mental and physical shock from the crime of this case, etc., and the defendant led to the confession of each of the crimes of this case and reflects his wrongness, including favorable circumstances, such as the defendant's age, character and behavior, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, and the recommendation of the sentencing guidelines set forth by the Sentencing Committee, etc., and it cannot be deemed unfair or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

B. The Defendant’s judgment on the attachment order case shall be the victims within the short period.