(영문) 서울고등법원 2012.12.27 2012노3236 | 리걸엔진

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(영문) 서울고등법원 2012.12.27 2012노3236

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for 13 years.

The defendant shall be 40 hours.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

2. Determination

A. The instant crime on the assertion of unfair sentencing is committed by the Defendant on the ground of the following: (a) the Defendant intruded the residence by pretending to a selective engineer at night; (b) obstructed a special robbery, rape, and robbery; (c) subsequently, intruded a minor who is only 15 years of age by rapeing another’s residence at night; and (d) stolen another’s property in excess of a total of KRW 30 million in Gyeonggi-do and Incheon area 17 times during the month; and (c) in light of the frequency and method of each crime, the nature of the crime is not good; (d) some victims of the larceny are still not agreed; and (e) mental and physical suffering suffered by the victims of each of the instant sexual crimes appears to be very high.

On the other hand, on the other hand, the Defendant made confession of all of the instant crimes, and is seriously against his mistake in depth, and the Defendant agreed in the first instance court with some victims of the instant crimes including rape and larceny, as well as the Defendant agreed in full with the victim D of the instant crime including special robbery and rape, and the Defendant did not have any record of punishment due to sexual assault, and the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance leading to the instant crime, method of the instant crime, and consequence of the instant crime, and the recommended sentencing guidelines set forth in the sentencing guidelines set by the Sentencing Commission, the lower court’s punishment is deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. Defendant’s judgment on the part of the attachment order case

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