Text
The judgment below
The part of the defendant's case and the part of the case of the attachment order shall be reversed respectively.
The defendant shall be punished by imprisonment with prison labor for eight years and by imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (one hundred years of imprisonment, five million won of fine, and ten years of disclosure and notification of information, etc.) against the Defendant and the person subject to an order to attach an electronic tracking device, and the person subject to a medical treatment order (hereinafter “Defendant”) is too unreasonable. 2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 15 years for the period of attachment order.
Defendant
In addition, if a prosecutor files an appeal against a defendant's case, it shall be deemed that an appeal has been filed regarding a request for attachment order under Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. The counsel's written opinion on October 31, 2013, which was filed on October 31, 2013, shall be considered to the extent of supplement to the details of the reasons for appeal
B. Prosecutor 1) The sentence of the lower court on the Defendant of unreasonable sentencing is too unfilled and unfair. 2) Although it is necessary to issue a long-term pharmacologic treatment order in order to prevent recidivism by suppressing the sexual impulses of the unjust Defendant during the period of medical treatment order, the lower court’s ordering the Defendant to handle sexual impulses for two years is too short and unfair.
2. Determination
A. As to the assertion on unfair sentencing, the Defendant’s assertion on unfair sentencing, such as taking the Defendant’s possession of the victim’s cash by threatening the victim C using a kitchen, which is a deadly weapon, and taking custody of the victim after rapeing the victim, and preparing and receiving a delivery of an explanatory note that the crime of special robbery and rape in the instant case is not good; the victim wants to punish the Defendant; the Defendant was punished on November 28, 2007 by imprisonment with prison labor for a maximum term of two years and six months and a short term of two years, and on October 6, 201, by violating the Punishment of Sexual Crimes and Protection of Victims (Special Rape) at the Suwon District Court on November 28, 2007, and for two years and six months and five years.