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(영문) 광주고등법원 2015.11.12 2015노420
강간등
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. Part 1 of the Defendant’s case is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(2) It is unreasonable for the lower court to order the Defendant to disclose and notify the personal information of the Defendant, despite special circumstances that may not disclose or notify the Defendant’s personal information, in so far as the Defendant’s imprisonment (three years of imprisonment) is too unreasonable and unfair.

B. It is unreasonable for the lower court to dismiss the request for attachment order, even though it is necessary to attach an electronic tracking device because the Defendant is highly likely to repeat sexual crimes again.

2. As to the part of the Defendant case, the Defendant committed a crime against the victims who had no usual friendship, such as physical coloring the subject of the crime at nearby oil stations or bakeries, and has great social harm, and the victims’ resistances are used as means to suppress the victims’ lives, which may threaten, and the victims’ resistances are used as means of suppressing employment in order to administer veterinary exemption, and then, the Defendant prepared an employment-free job in advance with respect to the victims E, who were on the part of the victim, by inserting the skin prepared in advance, into the victim’s quality, and inserting it into the victim’s body. In short, the Defendant’s act of committing a crime is close and its contents are very poor.

On the other hand, the fact that the defendant does not want the punishment of the defendant under the agreement with the victims, and that the defendant has no record of criminal punishment for the same kind of crime is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, the circumstances leading up to each of the instant offenses, and the circumstances after the commission of the offense, the lower court’s punishment is too heavy or unreasonable.

In addition, the circumstances and methods of each of the crimes in this case are mentioned above.

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