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(영문) 대구고등법원 2014.10.30 2014노385
성폭력범죄의처벌등에관한특례법위반(절도강간등)등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In light of the background leading up to the instant crime, etc. by which the person subject to the request to attach an attachment order (hereinafter referred to as the “defendant”) filed an unreasonable sentencing claim on the part of the Defendant case, the sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.

It is improper to order the disclosure of personal information for five years in consideration of damage, etc. to the defendant and his/her family members due to an order to disclose personal information to the defendant due to the improper assertion that the disclosure of personal information is ordered.

In light of the fact that there is no record of criminal punishment for the same crime, it is unfair that the court below ordered the defendant to attach an electronic tracking device for 10 years.

In light of the methods and contents of each of the crimes in this case, the sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

As to the assertion of unfair sentencing by the Defendant and the prosecutor on the part of the Defendant case, the Defendant committed rape more than twice for about five months, and the Defendant repeatedly committed a special robbery, quasi-Robbery, night-time robbery and attempted larceny, as well as committing the crime. In addition, it is inevitable to punish the corresponding severe punishment because there is a very planned method of the crime, such as committing rape, even though the Defendant was waiting for returning home for more than one hour after printing the house in advance, or entering an empty house and waiting for returning home.

On the other hand, the Defendant has led to the confession of all of the crimes of this case, and there is no record of criminal punishment prior to the crimes of this case.

In addition, the lower court comprehensively takes into account the following circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, and circumstances after the offense.

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