beta
(영문) 서울고등법원 2016.02.23 2015노3592

강간등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter referred to as “Defendant”) (two years and six months of imprisonment, four years of suspended execution, 40 hours of education, and 120 hours of community service order) is too unreasonable.

The punishment sentenced by the court below against the defendant in the case of the prosecutor's improper sentencing of the defendant is too unfortunate and unfair.

Unlike general sexual crimes, the crime of violating the Act on Special Cases concerning the Rape of this case and the Punishment, etc. of Sexual Crimes (Indecent Acts by special force) is not contingent, such as forced indecent acts by carrying excessive weapons, unlike general sexual crimes, and thus, the defendant is highly likely to block similar crimes.

Therefore, it is unfair that the court below exempted the defendant from issuing an order to disclose and notify personal information.

It is unfair that the court below dismissed the defendant's request for attachment order on the ground that the defendant's request for attachment order should be sentenced to a sentence, and that the defendant is likely to commit sexual crimes and repeat crimes.

Each of the crimes in this case against the defendant's and prosecutor's argument on the determination of the sentencing of the defendant's case, each of the crimes in this case is an unfavorable circumstance against the defendant, such as: (a) the defendant committed three rapes in his house and took a deadly weapon, and forced the victim to commit an indecent act or intimidation; (b) the crime was bad in the end of the dispute; and (c) the victim seems to have suffered a considerable physical or mental pain.

On the other hand, the defendant recognized the entire crimes of this case and divided the errors, there is no record of criminal punishment against the defendant, and the victim does not want the punishment against the defendant in agreement with the victim, and at the time of the above agreement, the defendant is the victim.