성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. In the part of the defendant's case, the punishment imposed by the court below on the defendant and the respondent for the attachment order (hereinafter "defendants") is too heavy (15 years of imprisonment).
B. It is unreasonable to order the Defendant to attach an electronic tracking device for 10 years on the ground that the Defendant does not have any risk of recidivism and recidivism of sexual crimes.
2. Determination
A. The Defendant in the part of the Defendant’s case infringed on another’s residence without permission by means of cutting down gas pipes or opening a window, etc. over seven occasions during the period of infinites, and forcibly taken property by threatening the victims in knife (two times among them). In the process, four victims were raped, one victim was committed, and two victims were injured during rape, and two victims were injured during the course of rape, and the cash was withdrawn by the credit card drawn up twice in the middle, and the special larceny of the same law was additionally committed, and the other robbery was arrested in the end.
As such, the criminal motive of the defendant, such as intrusion upon another person's residence for the purpose of crime such as rape and robbery, is most bad and pleasy, threatening the victim with a deadly weapon, etc., and there is a high possibility of criticism against the defendant due to extremely poor transfer of crime attitude by repeatedly committing multiple crimes in a short period. On the other hand, many victims of this case who did not have any reason on the other hand have suffered a serious mental and physical suffering, and even if the peace in the residence that should be absolutely protected, it is very serious that it is directly unlawful as a result.
In addition, it is judged that there is a extreme fear that the general public may cause damage to the sexual crime in their residence and indirect social damage is also likely to be prevented.