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(영문) 대전고등법원 (청주) 2014.10.02 2014노133
강간등
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 and the person against whom the attachment order is requested (hereinafter “defendants”) are inappropriate because the lower court’s punishment (five years of imprisonment, three hundred hours of sexual assault treatment programs, the disclosure of information, and five years of notification) is too unreasonable.

2. Determination:

A. In light of the fact that each of the instant crimes committed by the Defendant in the instant case, each of the instant crimes was committed for about 15 hours in a way that prevents the victim D from burning a car at the first time, and the nature of the crime was extremely poor as a result of rapes over three times in the process, and that the mental impulse suffered by the said victim seems to be considerable, the sentencing of the lower court does not seem to be unfairly heavy, even considering the favorable circumstances cited in the grounds of appeal, such as the fact that the said Defendant did not want the punishment of the Defendant, that the said victim did not want to have the same criminal record, that the Defendant did not have the same criminal record, and that it appears that his mistake is against the depth.

The grounds for appeal are without merit.

B. As long as the Defendant filed an appeal against the accused case, it is deemed that an appeal against the attachment order case is filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, any appeal is not submitted regarding the attachment order case, and the ground for reversal does not appear even upon ex officio examination.

3. If so, the defendant's appeal is without merit, and thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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