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(영문) 서울고등법원 2016.04.01 2016노137
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)등
Text

Defendant

In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for the attachment order (1) the lower court’s improper sentencing is too unreasonable.

2) There are special circumstances to exempt the accused and the respondent for an order to attach an electronic device (hereinafter referred to as “defendant”) from the disclosure disclosure notification order.

Even if it is not so, the period of disclosure notification order ordered by the court below is too long and unfair.

3) It is unreasonable that the lower court ordered the Defendant to attach an electronic tracking device, on the grounds that there is no risk that the Defendant would recommit a sexual crime.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to each of the crimes of this case, each of the crimes of this case committed by the defendant and the prosecutor committed an indecent act by force against the victim after the defendant invadedd the victim's residence and forced the victim to take away his property with a deadly weapon, in view of the method of the crime, and the nature of the crime and the criminal situation are significant; the victim seems to have been suffering from severe mental shock due to this case; the victim's damage has not been recovered; the victim has been severely punished against the defendant; the defendant had been subject to multiple criminal punishment for the same kind of crime such as special robbery, robbery, robbery, quasi-Robbery, and intrusion on residence even before this case; and in particular, the defendant committed each of the crimes of this case during the period of imprisonment with prison labor and for not more than 2 months after completion of the execution of the sentence after having been sentenced to punishment for eight years and six months, due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. of Sexual Crimes (special robbery, etc.).

The Defendant led to the confession of each of the crimes of this case and reflects his mistake, and the robbery of this case is about attempted crimes, and the mother and the mother of the Defendant and his will were the Defendant’s wife.

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