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(영문) 서울고등법원 (춘천) 2014.01.15 2013노209
강간치상등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of imprisonment (14 years of imprisonment, disclosure and notification orders 10 years of disclosure and notification orders) imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is unreasonable as it is too uneasible.

B. The lower court’s order to attach an electronic tracking device to the Defendant for a period of 10 years is too short and unfair.

Judgment

A. Each of the crimes of this case regarding the part of the defendant's case committed rape or coercion against unspecified victims by infringing on the victim's house or by using a deadly weapon or implements, etc. In light of the method of crime, etc., the victims suffered considerable mental or physical pain due to each of the above crimes, and the defendant committed each of the crimes of this case during the period of repeated crime, it is not necessary to punish the defendant strictly.

However, in full view of all the sentencing conditions, including the fact that the victims suffered injury is relatively not more severe, the fact that the defendant is against the wrongness and behavior, the defendant's age, character and behavior, environment, motive of the crime, means and method of the crime, and circumstances after the crime, etc., the court below's sentence against the defendant is too uneasible and unfair. Thus, the prosecutor's assertion of unfair sentencing is without merit.

B. The lower court, on the part of the attachment order case, ordered the Defendant to attach an electronic tracking device for 10 years in consideration of the details and details of each of the instant crimes, Defendant’s character, conduct, awareness of sex, and criminal records. In full view of the sentence imposed by the lower court, Defendant’s age, etc., it is difficult to deem that the above attachment order period is too short and unreasonable

Therefore, the prosecutor's assertion on this part is justified.

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