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(영문) 서울고등법원 (춘천) 2016.11.02 2016노137

특수강도등

Text

Defendant

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

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (nine years of imprisonment) shall be too unreasonable.

It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared to the judgment of the first instance court on the accused case, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from sentencing

(2) In light of the aforementioned legal principles, there is no change in the lower judgment and the sentencing conditions on the grounds that new sentencing data have not been submitted in the health class and the trial. The Defendant and the person subject to an order to attach an electronic device (hereinafter referred to as “Defendant”) failed to submit a new sentencing data in light of the aforementioned legal principles, and thus, there is no change in the lower court’s judgment and the sentencing conditions. The Defendant and the person subject to an order to attach an electronic device (hereinafter referred to as “Defendant”) committed several times during the repeated offense period, and the Defendant and the disabled U.S. were sexual intercourses with the victim during the repeated offense period, and when the investigation was initiated due to indecent act by force, rape, and rape, the crime and the criminal intent were deemed to have been committed in advance and taken property over several times, etc., and the victim C, M, Q, and U. In particular, the Defendant U.S.’s imprisonment with prison labor for up to nine years cannot be deemed to have been unfair to the extent of reasonable discretion.

When a defendant files an appeal against a prosecuted case regarding the part of the request for attachment order, the appeal shall be deemed to have been filed as to the case of the request for attachment order pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders. However, the defendant's petition of appeal or the statement of grounds for appeal shall not be stated therein.