(영문) 서울고등법원 2016.01.12 2015노3142 | 리걸엔진

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(영문) 서울고등법원 2016.01.12 2015노3142

성폭력범죄의처벌등에관한특례법위반(주거침입강간)

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The defendant's appeal is dismissed.

Reasons

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the case of the Defendant and the part regarding the case regarding which the request for attachment order was filed, and that only the Defendant appealed. As to the part regarding the request for attachment order, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the aforementioned part is excluded from the scope of this court’s trial.

The Defendant, who had a mental and physical weak mind and body, was under the influence of alcohol at the time of committing the instant crime.

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The Defendant, at the police and the prosecutor’s office, drank the degree of “one-sick in the Soviet Disease” or “one-sick in the Soviet Disease,” while having sexual intercourses with the workplace fare from the workplace until 2:00 on the day of this case.

“The Defendant made a statement (Evidence No. 186, 295, 297, 315). The Defendant’s usual drinking amount is one-half of one-half per week (Evidence No. 297 pages). Thus, the Defendant’s amount of alcohol that the Defendant had drinking until the time of the instant crime is merely equal to that of the usual drinking amount. As such, the Defendant was under the influence of alcohol at the time of the instant crime.

It is difficult to see it.

In addition, according to the evidence duly adopted and examined by the court below, the defendant sent the victim's identification number to the victim's house to the victim's house, and used it when the victim's house intrudes the victim's house, and had been arrested immediately after the crime of this case. Some of the defendant's house did not return home and did not go home, and it can be recognized that the defendant was able to recognize the fact that he was able to go home to the motherel without returning home. In light of the circumstances and method of the crime of this case, and the defendant's behavior before and after the crime of this case, the defendant's decision to distinguish things or make decisions due to drinking at the time of

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-전자장치 부착 등에 관한 법률 제9조 제8항

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