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(영문) 부산고등법원 (창원) 2014.05.21 2014노29
강간치상등
Text

Defendant

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), including the information disclosure, notification and location tracking device attachment order for five and ten years of imprisonment, is too unreasonable.

2. Determination

A. It is recognized that the part of the prosecuted case is an favorable factor for sentencing, such as the fact that the defendant recognized all the crimes of this case and reflected.

However, the Defendant: (a) induced a victim on the false statement that he/she would be able to introduce a man by taking advantage of his/her status; (b) assaulted the victim by rape; and (c) was driving without a license.

It is also recognized that the crime is very bad in light of the Act on the Punishment of Crimes, and even though the current Road Traffic Act is under suspension of execution, the crime is committed again while driving without a license and causing rape, the victim seems to have a significant mental and physical suffering from the crime of this case, and the defendant has been repeatedly punished several times of sexual crimes of the same kind, and the crime of this case is committed again, and it is also recognized that there is an unfavorable sentencing factor such as the crime of this case.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, and the means and consequence of the instant crime, etc., the sentence sentenced by the lower court is deemed to be adequate, and it does not seem to be unreasonable because it is too unreasonable.

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

[Main Grounds for Determination of Punishment] - Multiple Crimes: sex crime group, injury, injury, general rape, etc. - Violation of the Road Traffic Act (unlicensed Driving), where the result of the injury has occurred, at least 13 years old, injury, general rape, etc.: Not setting the sentencing criteria.

B. As long as the Defendant filed an appeal against the part of the Defendant’s case in the judgment of the court below, the location tracking device attachment against a specific criminal is necessary.

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