(영문) 서울고등법원 2013.12.19 2013노3309 | 리걸엔진

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(영문) 서울고등법원 2013.12.19 2013노3309

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

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Defendant

In addition, all appeals filed by the respondent for attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. (i) part of the Defendant case: the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were under the influence of alcohol at the time of the instant crime, so as to be in a state of mental disorder.

It is improper for the court below to issue an order of disclosure notification to the defendant.

Secondly, the sentence sentenced by the court below on the defendant (ten years of imprisonment) is too unreasonable.

B. The lower judgment ordering the Defendant to attach an electronic tracking device to the Defendant even though it is difficult to see that the Defendant’s request for attachment order does not pose a risk of repeating sexual crimes.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the part of the defendant's case (i) the defendant's assertion of mental disability, it is recognized that the defendant drinks before and after the crime of this case.

However, according to the evidence above, the defendant stated to the effect that ① the defendant has consistently made a relatively concrete and consistent statement about the process and time of the victim’s finding in the headline on the day of the crime of this case, ② the conversation between the victim and the victim at the time of the crime of this case, and the process of the crime. ③ The defendant stated to the effect that “The victim’s body was stamped by Handphone to prevent the victim from reporting the crime of this case” (Evidence No. 240 pages, 282 pages, 299), ④ the statement to the effect that “I am back to the right side after the crime of this case immediately after the crime of this case and kept the police back” (Evidence No. 283 of the evidence record) and other various circumstances such as the motive, circumstance, means and method of the crime of this case cannot be deemed to have reached a state where the defendant had the ability to discern or make decisions due to drinking at the time of the crime of this case.

Therefore, the defendant's above assertion is without merit.

The decision of the court below is made with respect to the improper argument of disclosure notification order.

유사 판례

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