(영문) 서울고등법원 2015.06.11 2014노3962 | 리걸엔진

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(영문) 서울고등법원 2015.06.11 2014노3962

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant’s case: (a) The punishment imposed by the lower court (two years of imprisonment) is excessively unreasonable and unfair; (b) the Defendant and the respondent for an attachment order (hereinafter “Defendant”) recognized the crime of disclosure disclosure order and made efforts to reach an agreement with the victim by reflecting the fact that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) committed the crime of rape; and (c) the Defendant’s previous offense was committed during the period of eight years, and thus, cannot be deemed to pose a risk of recidivism; (d) it is unreasonable to order the lower court to disclose and notify the Defendant’

B. As the victim was unaware of the fact at the time of the instant crime, the Defendant does not constitute “a sex crime committed against a person under the age of 19” as stipulated in Article 5(1)4 of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, and there is no record of committing a sex crime except imprisonment with prison labor for a long time, and there is no record of committing a sex crime against the Defendant.

Although it cannot be said that there is a risk of recidivism, the court below's order the defendant to attach an electronic tracking device is unreasonable.

2. Determination

A. The crime of this case regarding the assertion of unfair sentencing against the accused case is likely to be subject to criticism in that the accused tried to rape the victim who was married at night, and in light of the law and form of the crime, etc., the nature of the crime is heavy, and even if the accused had had had had been punished for sexual crimes before that time, he/she again committed the crime of this case of the same kind. Therefore, a sentence of punishment corresponding to the liability for the crime is inevitable.

However, the defendant recognized the crime of this case, divided his mistake, and the rape of this case itself was attempted, and the defendant was in the trial.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제5조 제1항 제4호

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