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(영문) 서울고등법원 2015.03.12 2014노3648
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The defendant's appeal concerning the part of the defendant's case is dismissed.

The judgment below

(2).

Reasons

The court below, within the scope of the judgment of this court, sentenced the defendant to be convicted of the case prosecuted against the defendant, ordered the attachment of an electronic tracking device with respect to the case claiming the attachment order, and sentenced the prosecutor to dismiss the prosecutor's request regarding the case claiming the probation order while imposing the matters to be observed. Accordingly, the court below did not have any interest in appeal

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of this court's trial, and only the part of the judgment below's request for the defendant's case and the attachment order belongs

The summary of the grounds for appeal (unfair sentencing in part of the defendant's case) that the lower court sentenced to imprisonment (eight years of imprisonment) is too unreasonable.

Judgment

There are circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected in the judgment on the part of the defendant's case, the fact that the victim E, J, L except the victim H has agreed with the victim E, L, some of the crimes are attempted, and there are no other criminal records, in addition to the punishment of fines twice due to drinking driving.

However, the crime of this case committed repeatedly by the defendant who intrudes on the residence of an unspecified victim and attempted to rape or rape the victims, and committed sexual crimes even though some victims were locked with her husband or children, and attempted to injure some victims in the course of the crime, and attempted to commit the crime repeatedly against some victims. The crime of this case is extremely poor, and the victims are expected to have suffered considerable mental impulse.

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