Defendant

Defendant and the respondent for attachment order

Non-prosecution and Quarrying (public trial)

Attorneys Kim Jong-ju (Korean)

Changwon District Court Decision 201 Gohap120, 201 Gohap120, 130, 201 Gohap130, 2011 Gohap15 (merged), 2011 Jeonwon15 (Consolidated), 2011 Jeon High Court Decision 18 (Consolidated) Decided May 4, 2012

The appeal filed by the defendant and the respondent against the attachment order shall be dismissed.

1. Summary of grounds for appeal;

(a) Mental illness;

The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendant") have caused the failure to restrain and control sexual impulses at the time of the crime of this case, resulting in a state of mental disorder.

B. Unreasonable sentencing

The punishment sentenced by the court below against the defendant (a prison term of 17 years, and an electronic tracking device attachment order for 20 years) is too unreasonable.

2. Determination

A. The part of the prosecuted case

1) As to the claim of mental disability

In full view of the facts that the Defendant, at the time of the police and the prosecution investigation, stolen the reason for rape of the victims of the rape of this case, and consistently stated that the victims were to prevent the victims from reporting to the police, and the contents, motive, background, means, and method of each of the crimes of this case, it is difficult to view that the Defendant was in a state of mental disorder due to the disability that the Defendant did not control and control the sexual impulse at the time of the rape of this case, and there is no other evidence to acknowledge this differently. Accordingly, this part of the Defendant’s assertion is without merit

2) As to the assertion of unreasonable sentencing

It is recognized that the Defendant made a confession of all of the crimes of this case and reflects his mistake in depth.

However, the crime of this case was committed for a long period from 200 to 2011 by special robbery, special rape, special robbery, night-time robbery, theft and fraud, etc., and was committed by the victims with lethal weapons at night in order to forcibly take or steal property, and was raped by the victims to prevent the victims from reporting to the police during the course of taking property by taking advantage of the method, frequency, means, methods, etc. of the crime. The crime of this case was committed very serious and poor; the crime of this case was planned to be committed by preparing deadly weapons, thrings, sckes, and audio tapes, etc. in advance for the crime of this case; the victims of the rape of this case were subjected to serious mental, physical shock and pain due to the crime of this case; however, it is sufficiently inferred that all victims of the rape of this case were subjected to serious mental, physical shock and pain due to the crime of this case; the victim did not take any measures to recover from damage; and the defendant's age, character and behavior and punishment of this case are not recognized in full view.

B. The part on the case of the request for attachment order

As long as the defendant has filed an appeal against the part of the judgment below regarding the defendant's case, it shall be deemed that an appeal has been filed as to the claim for attachment order pursuant to Article 9 (8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, the petition of appeal and the statement of grounds of appeal submitted by the defendant or defense counsel shall not include the grounds for appeal as to this part, and even after examining the judgment of the court below, there

3. Conclusion

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

Judges Heung-heon (Presiding Judge)