logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.04.12 2012노4155
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) At the time of the instant crime of mental illness, the Defendants were under the influence of alcohol and at the time of the instant crime of this case, in a state of mental disability. 2) The lower court’s sentence is too unreasonable.

B. It is unreasonable for the lower court to order Defendant A to disclose and notify personal information, because it is difficult to view Defendant A’s failure to do so and there is a risk of recidivism.

2. Determination:

A. According to the judgment of the court below and the evidence duly admitted and investigated by the court below as to the claim of mental disability, it is recognized that the defendants were in a drunken state at the time of the crime of this case, but considering the process, method, motive, the defendants' speech and behavior before and after the crime of this case, it is recognized that the defendants at the time of the crime of this case did not have the ability to discern things or make decisions under the influence of alcohol. Thus, this part of the defendants' assertion is without merit.

B. In full view of the defendants' joint participation in the argument of unfair sentencing, threatening victims and robbery were committed. In particular, the defendant A attempted to rape the victim I by himself. The means and methods of the crime, the nature of the crime is not good, and the victims seem to have suffered serious mental and physical damage, and other factors such as the defendants' age, character, character, family environment, motive and circumstances leading to the crime of this case, and the scope of the recommended sentencing guidelines of the Supreme Court, including the following factors: (a) the defendants recognized the crime of this case; (b) the defendants are against the recognition of the crime of this case; (c) some crimes agreed with the victim I are committed; and (d) the defendant A did not have the same type of punishment force; and (d) the defendant A's punishment of this part is not recognized to be too unfair.

arrow