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(영문) 부산고등법원 (창원) 2018.02.07 2017노279

준강간등

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. The punishment (five years of imprisonment, 80 hours of order, 5 years of disclosure and notification order, 5 years of order to attach an electronic device) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”), is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the case against the Defendant is too unfasible and unreasonable.

2) The lower court’s order to attach an electronic tracking device to the Defendant for a period of five years, but is so short that the attachment is too short that.

2. Determination

A. The judgment on each of the instant offenses against the Defendant is an unfavorable circumstance against the Defendant, including the following: (a) the victims who had taken care of the victims who had taken place under the presumption that the Defendant was a taxi engineer were raped or quasi-rapeed after the victims were born, etc.; (b) the nature and method of the crime was very poor; (c) each of the instant offenses appears to have caused sexual humiliation by causing severe physical and mental shock by the victims; (d) the Defendant was unable to agree with the victim E; and (e) the Defendant was punished by the Defendant; and (e) the Defendant was punished twice (one time, one suspended sentence; and one time, one time) by rape, rape, etc.; and (e) the Defendant was punished by several criminal punishments.

On the other hand, the fact that the defendant recognized all of the crimes of this case, thereby against his mistake, the defendant agreed with the victim E, the victim J does not want to punish the defendant, and the fact that the defendant is old and is not good in health conditions is favorable to the defendant.

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 및 대법원 양형 위원회 제정 양형기준의 권고 형량 범위 ◈ 법률상 처단형의 범위: 징역...