(영문) 광주고등법원 2018.05.17 2018노10 | 리걸엔진

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Reasons

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자간(%)

(영문) 광주고등법원 2018.05.17 2018노10

성폭력범죄의처벌등에관한특례법위반(주거침입강간)등

Text

Defendant

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

Reasons

1. Where there is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing of the Defendant case, and the sentencing of the lower court is not beyond the reasonable scope of discretion, it shall be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no particular change in the conditions of sentencing compared to the lower court’s determination, since the new materials of sentencing were not submitted by the court in this case

In addition, the crime of this case was committed by the defendant and the person who requested the attachment order (hereinafter "the defendant") in intrusion upon the victim C's residence, rape, photographing the victim's sexual intercourse, and preventing the victim from reporting the crime. The crime of this case was committed by the victim with a large mental impulse, but the defendant did not receive a letter from the victim, and the victim wanted to punish the defendant, and the crime of attempted larceny and intrusion upon residence was committed not only by the victim but also by the victim F's use. In full view of the sentencing conditions shown in the records and arguments, even if considering all of the factors favorable to the defendant among various sentencing factors, the court below's punishment against the defendant is too excessive and it cannot be deemed as exceeding the reasonable scope of discretion.

Defendant’s assertion that the sentence of the court below is unreasonable is rejected.

2. As long as the Defendant filed an appeal regarding the part regarding the case for which a request for attachment order was filed, the appeal regarding the case for which a request for attachment order was filed pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc., is deemed to have been filed. However, the lower court’s judgment as to the part regarding the request for attachment order was filed by the Defendant without stating the legitimate grounds for appeal as to the case for which the request for attachment order was

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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