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(영문) 서울고등법원 2013.03.22 2012노4152
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Part of the defendant's case

A. The gist of the grounds for appeal and the person against whom the attachment order was requested (hereinafter “defendants”) appealed respectively on the grounds that the lower court’s punishment is too heavy.

B. The Defendant recognized and reflected the instant crime, and the present health status is not good.

On the other hand, the crime of this case was committed by the defendant using a cutting machine to use a method of planned acceptance, such as cutting off and cutting down property. The crime of this case was committed by intrusion on residence due to the above methods, etc., theft or taking property, rape or rape of the victims. The crime of this case was not committed, and the victim was injured in the course of suppression of resistance, and did not agree with the victims.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive and background of the crime, the method and method of the crime, the circumstances before and after the crime, etc., as well as the recommended sentencing range of the Supreme Court sentencing guidelines, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

2. As long as the Defendant and the prosecutor filed an appeal against each of the prosecuted cases, each appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders is deemed to have been filed. However, the Defendant and the prosecutor did not submit any grounds for appeal regarding this part, and even if examining the judgment of the court below, there is no ground for reversal by ex officio investigation as to this part.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are 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. It is so ordered as per Disposition.

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