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(영문) 서울고등법원 2013.03.15 2012노4313
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment below

Part of the attachment order case shall be reversed.

With respect to the person against whom the attachment order is requested, location tracking for ten years.

Reasons

1. In light of the summary of the grounds for appeal and the fact that the defendant and the person subject to an application for attachment order (hereinafter “defendants”) have led to a crime and have agreed with the victims, the punishment sentenced by the court below (eight years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case committed on the part of the Defendant case was stolen by the method of withdrawing cash from the cash payment season using a strong credit card after the Defendant invadedd on old age and residence for an unspecified female, which appears to be a mixed resident, and committed a special robbery twice through force.

According to the records, a favorable sentencing factor is recognized, such as the defendant led to the confession of the crime from the investigation process, there was no record of sexual crimes other than once before and after the punishment of the fine, the victims have agreed with the victims, and his mistake has been divided.

However, considering the following factors: (a) the degree of indecent act by the defendant committed by the victims is very rough and serious; (b) the victims seem to have suffered from extreme physical and mental pain; and (c) the degree of punishment disadvantageous to the victim, considering the means, content and frequency of the crime; and (d) the scope of the recommended sentencing guidelines set by the Supreme Court Sentencing Committee, the background, means and consequence of the crime; and (c) the circumstances before and after the crime; (d) the defendant’s age, character and conduct, and environment, it is not recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unreasonable sentencing as to the defendant's case is without merit.

B. The court below held ex officio as to the part of the attachment order case: (a) sentenced the defendant to eight years of imprisonment; (b) ordered the disclosure and notification ten years; and (c) attachment of a location tracking device; and (d) ordered the attachment of the electronic device to take out the outside of the residence from 00:00 to 06:00 each day during the attachment period of the electronic device; and

2. Reporting a residence to the head of a probation office;

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