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(영문) 서울고등법원 2014.12.19 2014노3357
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)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. Defendant and the respondent for an attachment order (1) The lower court and the respondent for an attachment order (hereinafter “Defendant”)

(ii) the sentence imposed on the defendant is too unreasonable because it is too unreasonable to allow the defendant to exempt the disclosure and notification order, and even if it is not so, the period declared by the court below is too long and unreasonable.

B. Prosecutor 1) The Defendant’s sentence imposed by the lower court on the Defendant case is too unfilled and unreasonable. 2) Even though the Defendant’s risk of recidivism in the attachment order case, the lower court dismissed the Defendant’s request for the attachment order of this case due to misconception

2. Determination

A. The instant crime committed by the Defendant and the prosecutor regarding the assertion of unreasonable sentencing is committed by the Defendant’s attempt to commit rape in a planned intrusion upon another’s residence and attempted to commit rape. In light of the background, method and content of the crime, etc., the nature of the crime was defective, and the Defendant suffered very physical or mental pain due to the instant crime, etc., which is disadvantageous to the Defendant.

The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his depth, that the crime of this case is committed against attempted attempts, that the defendant paid a considerable amount to the victim and does not want the punishment of the victim, that the defendant does not have the same criminal power as the defendant.

In this regard, comprehensively taking into account the Defendant’s age, character and conduct, family environment, motive and background leading to the instant crime, and various sentencing conditions as shown in the instant pleadings, such as the circumstances before and after the instant crime, the lower court’s punishment is not deemed to be too weak or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

B. Personal information on a person who committed a sexual crime regarding the Defendant’s assertion of exemption from disclosure notification order is, in principle, disclosed and notified.

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