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(영문) 부산고등법원 2019.05.09 2019노8

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

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Defendant

In addition, both the appeal of the respondent for the attachment order, the respondent for the treatment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering the circumstances such as the Defendant and the person subject to a request for attachment order, and the person subject to a request for a treatment order (hereinafter referred to as the “defendant”), the Defendant committed the instant crime after drinking alcohol, the Defendant recognized all the criminal facts, and is in profoundly against the Defendant, the Defendant committed cardiopulmonary resuscitation against the victim, and the Defendant voluntarily surrenders to the investigation agency after committing the crime, the life imprisonment sentence imposed by the lower court is too unreasonable. 2) In light of the above circumstances of the medical treatment order case, it is unfair that the period of sexual impulse medication treatment (10 years) imposed by the lower court is too prolonged.

B. In regard to the prosecutor’s prosecuted case, considering the cruelness of the instant crime, serious damage inflicted upon the victim and his family members due to the Defendant’s crime, the risk of recidivism, etc., the sentencing of the lower court is too unfeasible and unfair, and thus, the Defendant should be sentenced to death penalty.

2. Determination

A. Part 1 of the Defendant case is the mother and sincere employee of the ordinary family residing in the same floor as the Defendant, who is the mother of the family living in the same floor as the Defendant, and was in a peaceful way to work on the day of the instant crime.

Although the Defendant was sentenced three times to imprisonment with prison labor for a sexual assault crime and served ten or more years in total, the Defendant did not go against the Defendant, as seen above, and without any justifiable reason, committed the instant crime that led the Defendant to his house and met his sexual desire, resulting in the Defendant committing the instant crime that led the Defendant to murdering the victim. As a result, the victim was imprisoned in English fear and brupted with fear.

According to the above crime, the defendant got a serious shock and suffering to the bereaved family members who were unable to recover throughout their lives.

Considering the above suffering of the bereaved family members, the victim's precious life will take the victim's life.