(영문) 대구고등법원 2017.01.12 2016노615 | 리걸엔진

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(영문) 대구고등법원 2017.01.12 2016노615

강간미수등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year and six months) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an attachment order against an attachment order is unreasonable, even if the Defendant committed two or more sexual crimes to commit such crimes, and the risk of recidivism is recognized.

2. Determination

A. As to the allegation of unfair sentencing by the defendant and the prosecutor, the crime of this case is committed by the defendant, in light of the content and method of the crime, and the shockness of the victim, who was able to commit rape in a remote place where the victim of the site was born in a bus stop in the middle of the night.

In 2015, the Defendant was sentenced to imprisonment with prison labor for one year due to an indecent act committed by a female juvenile’s chest and fluor, and was sentenced to imprisonment with prison labor for an indecent act by force. However, the Defendant was not even released from the prison and re-offending.

On the other hand, the defendant led to the confession of crimes and reflects the wrongness, and received a letter of suspicion by agreement with the victim.

The defendant committed a crime somewhat contingently in the state of her detention, and committed a crime of rape.

In full view of all circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence imposed by the Defendant is too heavy or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

B. As to the claim for attachment order, the lower court recorded the instant case.

유사 판례

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