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(영문) 부산고등법원 (창원) 2015.07.22 2015노174
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions at the time of committing the instant crime due to mental illness, such as a certain impossible personality disorder and alcohol abuse, etc.

B. The sentence imposed by the lower court (six years of imprisonment, etc.) is too unreasonable.

C. It is unreasonable for the lower court to order the Defendant to disclose and notify personal information.

2. Determination

A. The Defendant alleged the same purport as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in detail by stating in detail the judgment below on the “determination of the Defendant and the defense counsel’s assertion.”

Examining the judgment of the court below in a thorough comparison with precedents, records, etc., the above judgment is justified and acceptable.

Therefore, this part of the defendant's argument is without merit.

B. The judgment of the court below on the assertion of unfair sentencing (which is written in detail in the sixth page of the judgment of the court below) is justifiable in light of the statutory penalty (a life imprisonment or imprisonment with prison labor or with prison labor for not less than ten years) and applicable sentences for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape and Injury by Rape) and the sentencing guidelines of the Supreme Court, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (one to nine years), and other sentencing cases, etc., as well as the remaining sentencing materials

Therefore, the defendant's assertion of unfair sentencing is without merit.

C. The instant crime constitutes a sexual crime subject to disclosure order and notification order. The Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a person who committed a sexual crime shall disclose and notify the personal information of the person who committed the sexual crime in principle, and that such exemption shall be granted only in cases where there are special circumstances that may not be an exception.

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