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(영문) 대전고등법원 2015.05.29 2014노560
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

Defendant

In addition, an appeal filed by a person subject to attachment order or a person subject to medical treatment and custody shall be dismissed.

A person for whom an attachment order is requested;

Reasons

Judgment on the defendant's case

A. The summary of the grounds for appeal (eight years of imprisonment) by the lower court is too unreasonable.

B. The crime of this case was committed by the Defendant, who was sentenced to punishment for sexual crimes, and was committed in a state where he was attached with an electronic tracking device during the period of repeated crime, thereby infringing on the victim’s residence and taking property, and threatening the victim to take custody of his fingers into the victim’s sound and resistance, and to prevent the victim from filing a report by photographing the victim’s body photograph. The crime of this case is very heavy in view of the method and content of the crime and the power of the crime.

The victim suffered a huge mental and physical pain due to the crime of this case.

Not only did the defendant receive a letter from the victim but also did not take practical measures for the recovery of damage.

In full view of the circumstances that are the conditions for sentencing, which can be identified by the record, including these circumstances, the sentence imposed by the court below is too heavy.

Judgment on a medical treatment and custody application case

A. The summary of the grounds for appeal does not require medical treatment and custody since there is no sexual family evidence and there is no risk of recidivism by a person applying for medical treatment and custody.

B. The risk of repeating a crime, which is a requirement for one medical treatment and custody judgment, refers to a case where there is a considerable probability that a person subject to custody would block the crime in the future again, and the existence of such danger is an act causing the danger to the person subject to custody at the time of sentencing and determined objectively by comprehensively assessing all the circumstances, including the contents of the crime in question, the degree of mental disorder of the person subject to custody at the time of sentencing, the nature and difficulty of treatment, the degree of difficulty of treatment, whether the person subject to custody has an environment to continue to undergo future treatment, and whether the person subject to custody has an intent to prevent recidivism.

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