성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
The third class alcoholic beverages of the 8th class judgment of the court below are excessive.
Summary of Grounds for Appeal
The sentence (five years of imprisonment) of the lower court is too unreasonable.
The judgment of the accused case and the person subject to a request for attachment order (hereinafter referred to as the "defendants") against the accused case committed an offense, and committed a serious defect in the nature and circumstances of the offense, such as: (a) attracting a victim vulnerable to the offense to sexual intercourse with the victim and his/her guardian; (b) threatening the victim vulnerable to the offense by threatening him/her with a knife, a dangerous object; (c) sexual intercourse with the victim; (d) the victim suffered irrecoverable mental harm; and (e) there are two kinds of criminal records against the minor vulnerable to the offense, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (e) taking account of the various sentencing conditions indicated in the records, it cannot be deemed that the sentence of the court below is unreasonable as it is too unreasonable, even if it is too unreasonable to escape from reversal.
As long as the defendant filed an appeal against the accused case regarding the part of the case claiming an attachment order, it shall be deemed that he/she filed an appeal regarding the case claiming an attachment order pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders. However, the defendant's petition of appeal or the statement of grounds of appeal are not stated in the grounds of appeal, and the judgment of the court below shall not find the grounds for reversal ex officio
As there is no reason to appeal by the defendant, it shall be dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, since it is apparent that there is some error in the entry of the matters to be observed imposed by the court below when ordering the attachment of the location tracking electronic device to the defendant, it shall be corrected ex officio in accordance with Article