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(영문) 서울고등법원 2013.11.21 2013노3075
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances of the Defendant and the person subject to medical treatment and custody and the person subject to a request to attach an attachment order (hereinafter “Defendant”), the sentence imposed by the lower court (eight years of imprisonment) is too unreasonable.

(2) Inasmuch as the Defendant’s risk of repeating an electronic device attachment order is not recognized, it is unreasonable for the lower court to impose an electronic device attachment order.

B. In light of the circumstances of the prosecutor’s defendant, the sentence imposed by the court below (eight years of imprisonment) is too unhued and unreasonable.

2. Determination

A. The judgment on the part of the defendant's case committed the crime of this case under the lack of the ability to discern things or make decisions due to the mental symptoms, etc. as stated in the judgment of the court below. The defendant committed the crime of this case under the condition that the defendant lacks the ability to discern things or make decisions; the defendant is a minor aged 14 at the time of the crime of this case; the defendant is a first offender who has no previous conviction; the defendant confessions the crime of this case and reflects his wrongness; the defendant tried to rape by inducing the victim with intellectual disability that is only 11 years old; the defendant is about attempted to commit rape due to the physical problems of the victim; the crime is committed in the attempted rape; the defendant kills the victim to avoid the occurrence of the crime of this case; the crime is not extremely bad; the crime is committed by inducing the victim to kill and kill the body of the victim; the defendant's fear and suffering of the victim's death and suffering; the defendant's environment and family relation; the defendant's motive of the crime of this case; and the defendant's sentencing guidelines are too unreasonable or unfair after the sentencing guidelines established.

Therefore, the defendant and the prosecutor.

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