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(영문) 서울고등법원 2013.11.07 2013노2661

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

Defendant

In addition, the appeal against the part of the judgment of the court below by the person subject to the attachment order A and the defendant B and C.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order A1) - The part of the Defendant case - The lower court’s inappropriate sentencing is the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

The sentence sentenced to the attachment order (20 years of imprisonment, 10 years of notice of disclosure of personal information, etc.) is unfairly heavy. 2) The lower court’s order the Defendant to attach an electronic tracking device is unreasonable.

B. Since Defendant B voluntarily surrenders the Defendant, the sentence against the Defendant should be mitigated. If so, the punishment imposed by the lower court without mitigation of self-denunciation (three years and six months of imprisonment) is unfairly heavy.

C. Defendant C- The punishment imposed by the lower court on the Defendant (one-three years of imprisonment) is unfairly heavy.

2. Determination

A. As to the judgment on the part of Defendant A1’s instant case, the following facts are favorable to the Defendant: (a) the Defendant led to the confession of all the instant crimes; and (b) the victim F, X, and Q agreed with the victim F, X, and Q that the said victims would take the Defendant’s wife.

However, with respect to the crime of Paragraph 1 of the holding, the Defendant determined that the victim F funded by TV program was merely a large amount of money and decided to be subject to the crime, and the Defendant conspired with Co-Defendant 1 to commit a crime closely with Co-Defendant 2, and took money, etc. from the Defendant’s treasury in the event of intrusion upon the victim’s residence at late night with cable, etc., and forced the victim to take money, etc. from the Defendant’s cash card while leading the victim for about eight hours, and forced the victim to take it out for the victim’s cash card during that period, and led the victim to injury.

In addition, the above defendant committed some of the victims in the opportunity to commit the crime through the robbery more than twice, and the nature of the crime is extremely poor and the possibility of criticism is very high.

In addition, the above defendant has already violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims prior to the crime of this case, robbery, injury and injury.