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(영문) 광주고등법원 (전주) 2015.05.26 2015노51
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal - The defendant and the person subject to an application for an order to attach an electronic device (hereinafter referred to as the "defendant") assert that the original judgment’s punishment (seven years of imprisonment) is too unreasonable, and the prosecutor asserts that the original judgment’s punishment is too uneasible and unreasonable.

2. We also examine the defendant and prosecutor's respective arguments on unfair sentencing regarding the part of the defendant's case.

The Defendant committed four-time rape crimes, three-time robberys, five-time robberys, two-time robberys, one-time robberys, and one-time robberys, and attempted to commit an attempted crime by assaulting a correctional officer while being detained by the prosecution, which led to an attempted crime, and the nature of such crimes is very poor, and most of the damages from each of the of the of the of the of the instant crimes have not been recovered, and no agreement has been reached with the victims, and even if the Defendant was sentenced to three years of imprisonment on September 5, 2008, the Defendant committed each of the of the instant crimes at another time, even though he/she was sentenced to three years of imprisonment due to a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (Special Rape).

On the other hand, the fact that the defendant confessions all of the crimes, commits larceny against the victim D, and commits robbery against the victim N, and partial recovery of the damaged goods due to the crime of robbery against the victim and robbery against the victim N, his parents going away from the defendant's home around 00 days after the defendant's birth, and the defendant got out of high school due to economic reasons, etc., and has been engaged in his occupation, such as daily work, etc. after leaving the high school. In this process, the fact that such growth environment that the defendant cannot be responsible for all of his responsibility seems to have a great impact on the defendant's tendency is considered to be favorable to the defendant.

In addition, various conditions of sentencing, such as the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., and the scope of the recommended sentencing guidelines of the Supreme Court.

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