(영문) 서울고등법원 2015.11.05 2015노2463 | 리걸엔진

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(영문) 서울고등법원 2015.11.05 2015노2463

마약류관리에관한법률위반(향정)등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (six years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable that the court below ordered the defendant to attach a location tracking electronic device for 10 years.

2. Determination

A. The Defendant of the instant case recognized all of the instant crimes and reflected against himself.

The agreement was reached with the victim M.

However, the crime of this case is very poor because the defendant colored the other party who will buy psychotropic drugs through a portable cryping method, and caused the other party to drink psychotropic drugs to lose the mind by drinking them on a drinking beverage, and the crime of this case was committed four times through rape or indecent act, and the victim's body was taken by using a camera.

Furthermore, among victims, young juveniles including 13 years of age and 16 years of age are also included.

The Defendant did not receive a letter from other victims except the above M, and did not recover from the damage.

In around 2005, the Defendant again committed the instant crime even though he had a number of criminal records including the criminal records subject to punishment for the purchase of sex of juveniles.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., all the sentencing conditions as shown in the instant argument, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

B. In full view of the circumstances in its reasoning based on the evidence duly adopted and investigated, the lower court determined that the Defendant committed a sexual crime and thereby was likely to recommit the recidivism of the sexual crime and the sexual crime.

In light of the records, the judgment of the court below is just.

유사 판례

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