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(영문) 대구고등법원 2016.08.11 2016노277

성폭력범죄의처벌등에관한특례법위반(특수강간)등

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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 sentence of the lower court’s improper sentencing (a) imposed on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

2) The lower judgment ordering the Defendant to attach an electronic tracking device for a period of ten years on the part of the case where the attachment order is applied is excessively harsh to the Defendant.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The crime of this case as to the defendant and the prosecutor's argument of unfair sentencing in the determination of the crime of this case is very heavy that the crime of this case is committed by the defendant, taking the body of the related person C, transmitting the body pictures taken by the victim from the above damage to the victim as above in order to hear the horse, by carrying a deadly weapon, by moving the victim into the above victim into the telecom, committing rape, by threatening the above victim several times and carrying a deadly weapon, by threatening the victim's K, who had her part of her part of convenience at the biological site, into the dormitory, by threatening him with a deadly weapon, and committing rape, by threatening the victim's her part of convenience with a deadly weapon, from the above convenience point, and carrying the knife and knife, which might be used for ordinary crime, and driving the motor bicycle without a license.

Due to the defendant's crime, victims seem to have been given a great sense of sexual humiliation and mental impulse, and they want to punish the defendant.

The Defendant did not receive a letter from the victims and did not take any measures to recover from damage.

The defendant has been punished for larceny in 2008 and a violation of the Road Traffic Act (unlicensed Driving) in 2015.

On the other hand, the defendant is attempting to commit a crime and is against the wrongness.

The defendant is not guilty of sexual assault or of a fine.

Defendant

In this regard, 350,000 won was paid to the owner of the convenience store.

The defendant's age, as well as these circumstances.