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(영문) 부산고등법원 2015.07.09 2015노200

성폭력범죄의처벌등에관한특례법위반(강간등살인)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for thirty years.

The defendant shall be 120 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person subject to a request to attach an electronic tracking device (hereinafter “Defendant”), at the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability. 2) The punishment imposed by the lower court of unfair sentencing [25 years of imprisonment, 120 hours of completing the sexual assault treatment program, 10 years of disclosure of information and notification, 10 years of attachment of location tracking device, and 10 years of attachment of location tracking device] is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. There is no evidence to acknowledge that the Defendant was in a state of drinking at the time of the instant crime except the Defendant’s statement on the determination of mental and physical disability.

Even if the Defendant was drinking, according to the evidence duly adopted and investigated by the lower court, the following facts are revealed: (a) the Defendant was accompanied by a crime prevention window, intruded upon the victim’s house; (b) the victim appears to have died and Handbags, etc., which were in the middle of the crime, were distorted on the floor to stop the crime of rape and to disguise the robbery; and (c) the victim was taken away from the victim’s house to disguise the robbery; (d) in light of various circumstances, such as the motive for the crime of this case, the background and mode of the crime; (e) the Defendant’s act before and after the crime; (e) the Defendant’s behavior before and after the crime; (e) the existence and degree of memory of the situation before and after the crime; and (e) attitude

Therefore, the defendant's assertion on this is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there are favorable circumstances for the Defendant, such as the confession that the Defendant murdered the victim, the Defendant did not have any criminal record of sexual crime, and the Defendant did not have any criminal record exceeding the fine, except for the power of the first suspended execution around 193.

However, the crime of this case was committed by the defendant in neighboring houses.