(영문) 대구고등법원 2016.08.18 2016노247 | 리걸엔진

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자간(%)

(영문) 대구고등법원 2016.08.18 2016노247

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

Defendant

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

Reasons

1. The gist of the grounds for appeal is that the Defendant asserts unfair sentencing on the grounds of appeal.

However, examining the reasoning of appeal submitted by the defendant, the court below seems to include the following facts: attachment of location tracking electronic device and the restriction on access at night, and ordering the disclosure and notification of personal information. Therefore, the court below is also judged accordingly.

A. The sentence that the lower court sentenced to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (10 years of imprisonment”) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to disclose or notify personal information for a period of 10 years, which is unfair.

(c)

The court below's order the defendant to attach an electronic tracking device for a period of ten years, and it is too harsh that the defendant imposes an obligation to comply with the night restrictions (from 24:0 to 06:00).

2. Determination

A. As to the wrongful assertion of sentencing, the Defendant is both aware of each of the instant crimes and reflects the wrongness.

The crime of rape was committed in the course of attempted rape, and some of the stolen objects were returned to the victim F.

However, the crime of this case is serious in light of the contents and methods of the crime, and it is highly serious that the defendant committed the crime of this case committed the theft of clothes, etc. within the victim's free shop after the defendant intrudes into the house of a foreign woman, intending to rape the female, and breaking the glass window owned by the victim F.

The Defendant, at the Daegu District Court in 2009, was sentenced to 7 years of imprisonment with prison labor for a leaptable crime by intrusion upon the young female’s house, and was re-offending with the location tracking device in the absence of one year after the release, and did not receive a letter from the victims.

In this respect, it is not possible to impose strict liability on the defendant.

. These circumstances.

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