beta
(영문) 서울고등법원 (춘천) 2013.05.01 2013노18

성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등

Text

Defendant

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (six years of imprisonment).

2. Determination

A. Some victims of the instant case agreed with the victim, and there are favorable sentencing factors for the defendant and the person who requested an attachment order (hereinafter referred to as "defendants") to whom part of the instant crime was committed, including that part of the instant crime was committed on attempted crimes. However, the instant crime is very poor in the nature of the instant crime, such as the defendant's planned intrusion throughout several times on the studio, attempted rape with a deadly weapon, etc. against the victims.

In addition, considering the defendant's age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., various sentencing conditions indicated in the records, such as the situation after the crime, etc., the court below's punishment against the defendant is deemed to be improper and unfair. Thus, the defendant's assertion of unfair sentencing

B. The part of the case pertaining to the attachment order is deemed to have filed an appeal against the case pertaining to the attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders inasmuch as the Defendant filed an appeal against the case pertaining to the case pertaining to the attachment order. However, there are no grounds for reversal ex officio as to the grounds for appeal or appeal by the Defendant and his/her defense counsel.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.