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(영문) 광주고등법원 2015.04.23 2015노97
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

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. The punishment (three years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is deemed to be too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant’s confessions all the crimes in the trial room and repents the mistakes, there is no criminal history sentenced to a fine exceeding the Defendant, and the Defendant deposited five million won for the victim E, and the agreement with the victim I is favorable to the Defendant.

On the other hand, the sexual crime of this case is a situation unfavorable to the defendant, where the defendant led the victim who is in a state of failing to resist due to mental disorder to neighboring buildings, and the nature of the crime is very bad. Nevertheless, the defendant denied the crime that the defendant had sexual intercourse with the victim before reaching the trial. The crime of destroying and damaging the property of this case and intrusion upon the residence of the victim I was reported by the victim I on the reason that the crime of disturbing the property of this case was reported by the victim I, which caused damage to the restaurant of the victim I and intrudes on the residence of this case, which is bad in the nature of the crime.

In full view of the above circumstances and other factors such as the Defendant’s age, character and conduct, environment, the circumstances leading up to each of the instant crimes, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

B. When a prosecutor has filed an appeal against a prosecuted case, the request for attachment order shall be made in accordance with Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.

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