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(영문) 서울고등법원 (춘천) 2017.02.15 2016노197
성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) had physical and mental weakness to discern things or make decisions due to drinking at the time of committing the instant crime.

The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

On the part of the request for attachment order, there is a criminal defendant's tendency to commit a sexual crime or has the risk of repeating a sexual crime.

Although it is difficult to see it, it is unreasonable for the court below to order the defendant to attach the tracking device for 10 years.

As to the Defendant’s assertion of mental or physical weakness on the part of the instant case, the Defendant was in a state of detention from the investigative agency at the time of the instant crime.

Although the defendant made a statement at the investigative agency, the victim's house visit was opened while the defendant was visiting the house, and the victim was able to live in the body of the victim, and the victim was into the house to commit the crime of this case.

In full view of the circumstances revealed by the evidence duly adopted and investigated by the court below, including the following: (a) the process leading up to the commission of the crime by making a statement is to be memory in detail; (b) the victim’s chest was not all under the initial investigation; (c) the victim’s chest was stated to the bet memory; (d) the victim immediately after the crime of this case, immediately after the crime of this case, escaped out of the victim’s house; (e) the victim was frightened from the victim’s house; and (e) the victim went back to the apartment house without having a house; and (e) the victim went back to the wheels of the apartment house; and (e) the victim was uneasy and uneasible after returning to Korea; and (e) the Defendant was in a state where the Defendant had the ability

subsection (b) of this section.

The defendant at the time of committing the instant crime.

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