(영문) 서울고등법원 2015.04.10 2014노4032 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.04.10 2014노4032

강간상해등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were drunk at the time of the instant crime and were in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

C. The Defendant cannot be deemed to pose a risk of recommitting a sexual crime, and the period of attachment is too excessive and unfair.

The defendant has a special reason to reduce or exempt the disclosure notification order.

2. Determination

A. In light of the background and method of the instant crime, the duration of the instant crime, the circumstances before and after the instant crime, the Defendant’s attitude of testimony, and the details of the statement, the lower court determined that even if the Defendant was in a state of drinking alcohol at the time of the instant crime, it cannot be deemed that the Defendant did not have a weak ability to discern things or make decisions.

A thorough examination of the evidence duly adopted and examined by the court below is justified in the above determination by the court below.

B. The Defendant’s decision on the assertion of unfair sentencing is against his own mistake in depth, and the fact that rape crimes are about attempted crimes are favorable to the Defendant.

The fact that the Defendant assaulted the victim for about five hours and attempted to rape, and the degree of injury inflicted during the course of rape is serious, that the victim suffered a big mental or physical wife due to the instant crime, that the damage has not been recovered, and that the Defendant had been sentenced twice to punishment for committing a sexual crime is disadvantageous to the Defendant.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive, method and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee, the sentence sentenced by the

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