logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.04.30 2014노751
성폭력범죄의처벌등에관한특례법위반(강간등치상)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years of imprisonment) imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant attempted to rape victims by intrusioning another person’s residence over three times in a short period of three months.

This crime is a very serious crime, and the victims have suffered a very severe mental suffering, and such suffering is heavy in that it continues for a considerable period of time.

In addition to the above crimes, the Defendant committed a crime that steals another person's property and intrudes upon another person's residence, and did not receive a letter from the victims of the above crimes.

On the other hand, the defendant has the following positive factors for sentencing.

The crime of rape in this case was committed in entirety.

Before committing the instant crime, the Defendant had no record of having been punished, except once a fine is imposed, and was committed with no record of committing the instant crime, and was seriously against his mistake.

In full view of all the circumstances, including these various circumstances, including the Defendant’s age, character and conduct, environment, and motive, means, and consequence of each of the instant crimes, etc., the lower court’s punishment is deemed an appropriate punishment corresponding to its liability, and it does not seem that the sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

B. With respect to the part regarding the claim for attachment order, a prosecutor filed an appeal regarding the claim for attachment order, stating that the scope of appeal is “the entire judgment” in the petition of appeal.

In addition, the defendant appealed against the accused.

arrow