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(영문) 서울고등법원 2013.05.30 2013노1323

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

Defendant

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

Reasons

1. In light of the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances that the Defendant of the Defendant’s instant case committed the instant crime under the influence of alcohol, favorable circumstances that the victim does not want the Defendant’s punishment, and the Defendant committed the instant crime during the period of repeated offense, even though the Defendant’s intelligence is somewhat weak, the Defendant does not seriously reflect the instant crime, and the Defendant’s age, character and behavior, environment, family relationship, motive for the instant crime, means and consequence of the crime, etc., including the Defendant’s age, character and behavior, environment, family relationship, motive for the crime, the means and consequence of the crime, and the recommended balance on the sentencing guidelines set by the Sentencing Committee, etc., it cannot be deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. As long as the Defendant filed an appeal against a prosecuted case, it is deemed that an appeal against an attachment order case has been filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the Defendant failed to submit any grounds for appeal regarding the attachment order case, and even if examining the lower judgment, there is no ground for reversal after ex officio investigation as to the part of the attachment order case.

3. Thus, the defendant's appeal 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 on the ground that the defendant's appeal is without merit.