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(영문) 서울고등법원 2014.02.06 2013노3073

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)등

Text

The judgment below

The defendant's appeal as to the part of the defendant's case is dismissed.

The judgment below

an attachment order.

Reasons

1. The summary of the grounds for appeal is unreasonable because the court below's punishment (five years of imprisonment with prison labor for crimes No. 1 and No. 2-A in the original judgment, five years of imprisonment with prison labor for crimes No. 2-b, (c), and No. 4 in the original judgment, five years of imprisonment with prison labor for crimes No. 3, 5, and 6 in the decision of the court below, seven years of imprisonment with prison labor for crimes No. 3, 5, and 6 in the original judgment

2. Determination

A. In the part of the Defendant case, there are extenuating circumstances, such as the confession of each of the instant offenses, and the fact that the Defendant agreed with three of 16 victims of the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) during the trial.

However, even though the defendant has been already punished several times due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the defendant committed the same crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) within a short period after being released, and committed the same crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) over eight times over a ten-year period, and the contents of each sexual crime themselves are very poor to commit the crime, and thus, the liability for the crime is grave, and it can be easily said that the victims of the above sexual crime have significantly contributed to mental shock and sexual humiliation, and no measures have been taken for recovery from damage other than the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief). In light of the above circumstances and the defendant's age, character and behavior, family relationship, environment, motive and circumstance of the crime, and the means and result of the crime, the circumstances and some of the crimes in this case after the crime were determined by fully taking account of the defendant's punishment.

Therefore, the defendant's above assertion is without merit.

B. The part of the case for which the attachment order is requested shall be so far as the defendant files an appeal against the prosecuted case.