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(영문) 서울고등법원 2014.12.12 2014노2778
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
Text

Defendant

In addition, the appeal by the requester for the attachment order is dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court on the part of the Defendant case is too unreasonable.

B. The lower court’s order for the attachment of an electronic tracking device is too long and unreasonable in part of the attachment order case.

2. Determination

A. As to the part of the Defendant’s case, the Defendant and the requester for attachment order and the requester for medical treatment and custody (hereinafter “Defendant”) committed the instant crime in a state of mental disorder due to the division disorder, etc., and confession and reflect all of the instant crimes, and only the Defendant’s previous convictions are subject to a fine, etc. are favorable to the Defendant.

On the other hand, the crime of this case was committed by using tools, such as Cheong tape, electric lines, and bags, prepared in advance against women who believe the defendant's false words, and took the process of committing sexual crimes, and then took the process of committing sexual crimes. Since then, after getting out Seoul, it was committed against women who had been employed as her employees after getting out of Seoul, and got employed as her employees. When she intends to arrest the defendant, the crime of this case was committed against the police with a deadly weapon, and the crime was extremely poor and very heavy, and the crime was committed, and the physical and mental shock and aftermatha of the victims of sexual crimes appears to be very high, the victims of sexual crimes did not recover from damage to the victims, and the victims were punished against the defendant.

In addition, in full view of the Defendant’s age, character and conduct, family environment, motive and background of the offense, the means and consequence of the offense, various sentencing conditions shown in the instant pleadings, such as the circumstances before and after the offense, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower court

Therefore, this part of the defendant's argument is without merit.

(b) On the part of the attachment order case;

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