(영문) 부산고등법원 2017.03.30 2017노24 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산고등법원 2017.03.30 2017노24

강간등

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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. Part 1 of the case by the defendant and the respondent for the attachment order (hereinafter "the defendant") ordered by the court below to the defendant and the respondent for the attachment order (hereinafter "the defendant") by the defendant and the respondent for the attachment order (the punishment of imprisonment of nine years, disclosure and notification order 10 years) is too unreasonable.

2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

B. 1) The period of attachment of an electronic tracking device (10 years) ordered by the lower court to the Defendant is too long-term contribution and unfair.

2) The period of attachment of an electronic tracking device ordered by the Prosecutor to the Defendant is too short of the period of attachment.

2. Determination

A. The part of the case of the defendant committed each crime of this case, including rape of the same kind and similar rape, even though the defendant had already been sentenced to an electronic tracking device due to sexual crime before the crime of this case was committed, and each crime of rape, similar rape, abduction of sexual intercourse, and confinement committed by the defendant was committed repeatedly in the judgment of the court below, which is disadvantageous to the defendant (the defendant had already been sentenced to an electronic tracking device prior to the crime of this case, even though it had already been attached with an electronic tracking device), and the crime of abduction and confinement of sexual intercourse committed by the defendant is committed repeatedly under the circumstances as stated in the judgment of the court below, leading the female victim on the site where the defendant left home at his home, and similar rape is committed, and the crime of this case is very serious in light of the criminal history, method, method, and result, etc., leading the victim to his residence, leading the victim to the defendant's residence, and the crime of this case is committed repeatedly during the period of repeated crime due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Robbery injury, etc.).).

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-대구고등법원 2016.08.18 2016노247

-서울고등법원 2016.04.01 2016노137