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(영문) 서울고등법원 2013.04.19 2013노347

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the crimes in this case, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

(2) The sentence imposed by the court below on the defendant is too unreasonable and unfair.

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

2. Determination:

A. According to evidence duly admitted and investigated by the court below as to the defendant's claim of mental disability, it is not recognized that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant's assertion of unfair sentencing is without merit. 2) Each of the crimes of this case regarding the defendant and the prosecutor's assertion of unfair sentencing is limited to nine times, the defendant, carrying a deadly weapon, attempted to rape or rape the victims, took property from the victims, taken off or stolen the property from the victims at night four times, intrudes the victim's residence at night, opened the shock network at night, and stolen the property by intrusion upon the victim's residence. The defendant intrudes the victim's residence with his/her children or children over several times, and rapes the victims under the influence of suppression of resistance by using a deadly weapon, taking advantage of the Criminal Act and the result of the crime, which led to bad mental behavior and behavior of each of the defendant before and after the crime of this case, each of the following crimes appears to have been committed.