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(영문) 서울고등법원 2013.03.28 2013노137

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

Defendant

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

Reasons

1. The sentence imposed by the court below (17 years of imprisonment) is too unreasonable in light of the circumstances against the defendant in light of the gist of the grounds for appeal.

2. Determination

A. The defendant's mistake is against his own mistake, favorable circumstances such as favorable circumstances that the victim D of the theft crime does not want the defendant's punishment, and the defendant has already been punished for the crime of rape twice and has been punished several times due to fraud, theft, etc., the defendant committed each of the crimes of this case of the same kind. The defendant is extremely poor to commit each of the crimes of this case including taking property of victims twice, rape, etc., the victim's strong punishment is strongly sought by the victims except the victim D, and the robbery victims of the crime of this case can be seen to have suffered considerable mental shock, it cannot be deemed that the court below's punishment is too inappropriate in light of comprehensive consideration of the defendant's age, character, environment, family relation, motive for the crime, means and consequence of the crime, recommendation of sentencing guidelines for the enactment of the Sentencing Committee, etc.

Therefore, the defendant's assertion is without merit.

B. As long as the Defendant filed an appeal against a prosecuted case, it is deemed that an appeal against an attachment order case has been filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, even if the Defendant did not submit any grounds for appeal regarding the attachment order case, the lower court did not ex officio investigate and reverse the part of the attachment order case.

3. In conclusion, the defendant's appeal is without merit, and thus, Article 364 (4) of the Criminal Procedure Act, probation against specific criminal offenders, and probation.