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(영문) 광주고등법원 2016.01.07 2015노485

특정범죄가중처벌등에관한법률위반(강도상해등재범)등

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Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The summary of the grounds for appeal and the person to whom the attachment order was requested (hereinafter “defendants”) of the lower judgment (12 years of imprisonment and 10 years of attachment order) are too unreasonable.

2. Determination

A. The crime of this case ① was committed by the Defendant at the night and was sentenced to 10 years of imprisonment for violation of the Act on the Punishment of Sexual Crimes, Protection of Victims, etc. (Special Robbery Rape, etc.), but was again sentenced to 2 years of imprisonment for the crime of this case since the Defendant did not have completed the execution of the sentence, ③ the Defendant did not receive any remedy from the victim until 3 years of imprisonment for rape. ② The Defendant also has been punished within the scope of 15 years of punishment, considering the following: (a) the Defendant, by entering the main points in which women are married; (b) sexual robbery; (c) special robbery; (d) the attempted rape in special robbery; (e) the attempted rape in special robbery; (e) the attempted rape in two occasions; (e) the robbery in one occasion; (e) the robbery in one occasion; and (e) the robbery in robbery; and (e) the Defendant did not receive any remedy from the victim.

subsection (b) of this section.

B. Since the judgment of the defendant regarding the case for which the attachment order is requested is appealed by the defendant, the defendant or his/her defense counsel does not have any specific assertion on the grounds of appeal regarding the attachment order. Moreover, even after examining the judgment of the court below, there is no ground for reversal after investigating it ex officio.

4. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices, and Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.