강도강간등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for six years.
. Information on the Defendant.
The summary of the grounds for appeal and the respondent for an attachment order (hereinafter referred to as “defendants”) were mentally and physically weak due to drinking at the time of the instant case, which lacks the ability to discern things or make decisions.
The punishment sentenced by the court below to the defendant (four years of imprisonment) is too unreasonable.
The sentence sentenced by the court below against the defendant in the part of the case of the prosecutor's defendant is too uneasible and unfair.
It is unfair for the court below to exempt the defendant from issuing an order to disclose or notify personal information.
In full view of the fact that the Defendant committed a sexual crime on the part of the request for attachment order, and the method of committing such crime is very similar to the instant case, and the result of the assessment of the risk assessment of the Defendant’s sexual offender in Korea (KSAS) corresponds to the level of “high risk” and “high risk of recidivism,” it is recognized that the Defendant is in danger of recidivism and recidivism of sexual crime.
Nevertheless, it is unreasonable for the court below to dismiss the request for the attachment order of this case.
Judgment
We examine the part of the defendant's case ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.
Article 3 of the Act on Special Cases Concerning the Punishment of Specific Aggravated Crimes (hereinafter “Special Cases Concerning the Punishment of Specific Aggravated Crimes”) provides that “If a person was sentenced to a punishment for a specific violent crime and again commits a specific violent crime within three years after the completion or exemption of the execution thereof (excluding cases where a person is subject to aggravated punishment pursuant to Article 5-5 of the Act on the Aggravated Punishment, etc. of Specific Crimes by committing a crime under Article 337 of the Criminal Act and an attempted crime, and Article 5-5 of the Act on the Aggravated Punishment,
As stipulated in the above, the court shall have regard to the defendant who was sentenced to a violent crime listed in Article 2 of the Specific Aggravated Crimes Act and again committed the above violent crime within three years after the completion or exemption of the enforcement.