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(영문) 서울고등법원 2013.11.08 2013노2858

공갈등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The period of attachment of an electronic device attachment order for the six-year location tracking period declared by the court below is too unfair.

2. Determination

A. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the error of the Defendant on the assertion of unfair sentencing; (b) the Defendant continuously talked about the victims and mobile phone game items at the convenience store while talking about them; and (c) the motive for the crime was somewhat taken into account; (d) in the case of the crime of extortion, the amount of damage was not significant; and (e) the Defendant sent an influent juvenile time with a little amount of damage; and (e) the Defendant sent to domestic violence; (c) the Defendant did not have a criminal record; and (d) the Defendant had to support two children with 17 months and 4 months since her wife and her birth.

On the other hand, the crime of this case was committed by the victim E, who is merely 13 years of age, was threatened with the victims of sexual assault, and the victim E, who was aware of living together with the external third village without his parents, and was rapeed, and was extremely poor in view of the method of crime and the degree of damage. In addition, the crime of this case was committed by intimidation with the body of the above victims several times in the form of sale and apartment emergency stairs, which is highly likely to be subject to criticism by committing rape. In addition, the victims suffered a big mental suffering due to the defendant's each crime, and in particular, the victims of rape committed rape, who were sexual humiliation, suffered a big mental suffering, such as moving the body and receiving treatment.