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(영문) 광주고등법원 2013.05.23 2013노2
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
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. The lower court’s sentence (five years of imprisonment) on the ground of unfair sentencing by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s assertion of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. We examine the defendant's part of the defendant's case and the prosecutor's assertion.

The defendant confessions the crime of this case and reflects the wrongness, and the case needs to consider equality in the case where the defendant makes a judgment simultaneously with the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery, Rape, etc.) which became final and conclusive on April 2, 2009.

On the other hand, the crime of this case is an unfavorable circumstance against the defendant, such as the fact that the defendant forcibly abusedd the victim by threatening him to threaten him, and that the crime of this case is not very good in quality, and that the victim wants to punish him.

In full view of the aforementioned circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all the circumstances revealed in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s aforementioned assertion is without merit.

B. As long as the Defendant and the prosecutor filed an appeal against the prosecuted case, the case pertaining to the attachment order shall be deemed to have also been lodged pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders. However, the petition of appeal and the grounds of appeal submitted by the Defendant or the prosecutor are not indicated in the grounds of appeal as to this part, and the reasons for reversal shall not be examined ex officio, even after examining the original judgment.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and thus, the location tracking device is attached to a specific criminal.

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