logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.11.20 2013노430
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment below

The part of the attachment order case shall be reversed.

The person against whom the attachment order is requested shall track the location for ten years.

Reasons

1. Summary of grounds for appeal;

A. The part of the defendant's case (the prosecutor and the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant")

[) As to the punishment sentenced by the lower court (five years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 7 years of order to disclose or notify a sexual assault treatment program), the prosecutor asserts that it is too unfasible and unreasonable, and the Defendant asserts that it is too unreasonable.

B. The Defendant asserts that the attachment order (20 years) ordered by the lower court is too unreasonable.

2. Determination

A. There are circumstances that can be considered for the defendant, such as the following: (a) the defendant committed a crime in which he/she committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes (special robbery, etc.); (b) the crime of rape itself committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, etc.); (c) the defendant has no record of punishment for sexual crimes; (d) the defendant's age is old and has been growing in an influent family environment; (e) the mother's health status is not very good; and (e) when the sentence becomes final and conclusive, the previous suspension of execution should be invalidated

However, each of the crimes of this case is committed by force or theft of property by impairing the victim's residence four times without considering the poor economic situation of the defendant and carrying a deadly weapon. During that process, the crime of this case is committed against the victim F, who was married at home, with a deadly weapon, and by suppressing the victim's resistance, and attempted rape. In light of the frequency of the crime, the crime is very poor in light of the frequency of the crime, the method of the crime, the degree of damage, etc., and the defendant is committed by the police officer, as the first crime was committed, to the additional crime in consideration of the number of the crimes, the number of the crimes, the number of crimes, and the degree of damage, etc., which the police officer tried to arrest the victim, and the law on the acceptance of crimes, such as preparing the knife, string, cutting, etc. used in advance,

arrow