(영문) 서울고등법원 2014.10.23 2014노2478 | 리걸엔진

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(영문) 서울고등법원 2014.10.23 2014노2478

강간상해등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (hereinafter “Defendant”) (1) The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

(2) It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. As to the Defendant and prosecutor’s assertion of unreasonable sentencing (Defendant case), the Defendant was sentenced to a suspended sentence of imprisonment due to sexual crimes and committed the instant crime even during the suspended sentence.

The crime of this case is very bad in that the defendant, while rapeing the victim two times, taken the part of the victim, etc. and inflicted an injury on the victim in the process.

Due to the crime of this case, the victim suffered a huge mental shock, and suffered damage, such as infection of a sexual disease.

However, the Defendant recognized the instant crime, and tried to recover from damage by admitting the mistake, and depositing KRW 20 million for the victim.

The injury suffered by the victim due to the instant crime is not relatively more severe.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, and the sentence of the lower court is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence imposed by the lower court cannot be deemed to be too minor or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

B. Regarding the Defendant’s wrongful assertion of the attachment order (the attachment order case), the Defendant was sentenced to a suspended sentence of imprisonment due to the crime of rape and bodily injury resulting from the crime of rape and seven months.

유사 판례

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