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(영문) 서울고등법원 2016.07.28 2016노1098
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the attachment order case is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.

2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.

3. It is recognized that the Defendant made a confession of all of the instant crimes and repents his mistake when he was found to be guilty.

However, the Defendant again committed the instant crime even if there were several criminal records for the same kind of crime, and the instant crime was committed by the Defendant, and the Defendant committed the instant crime was committed by rape, confinement, injury to the victim, damage to the property of the victim, etc., which is not good to the nature of the relevant crime, such as rape, etc., which led to considerable mental suffering and pain to the victim, which led to the Defendant’s failure to agree with the victim up to the trial by the Defendant, which led to the Defendant’s severe punishment. In addition, considering the Defendant’s age, sexual behavior and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the instant argument, such as the circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the above assertion by the Defendant is not reasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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