logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.06.01 2017노199
강도강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment of conviction on the Defendant’s case, and rendered a judgment dismissing the prosecutor’s request regarding the request for attachment order, and only the Defendant filed an appeal.

Therefore, there is no benefit in filing an appeal with respect to the claim for attachment order against the Defendant. Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, a legal fiction of appeal, and the Electronic Monitoring, the part of the judgment below regarding the claim for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part of the judgment of the court below regarding the defendant

2. The sentence imposed by the court below on the defendant (five years of imprisonment, etc.) is too unreasonable.

3. We examine the judgment of the court below. The defendant all committed each of the crimes of this case in the court below and the court of first instance, and reflects his mistake in depth.

The following are the circumstances that are favorable to the defendant: (a) the statement was made; (b) the robbery committed against the victim E was committed; (c) the robbery committed against the victim D was committed; or (d) the amount of taking by force was relatively small; (d) an agreement was reached between the victim C with the victim C; and (e) the agreement was reached between the victim D and the victim D; (e) there was no criminal record of sexual crime committed against the defendant; and (e) there was no criminal record of imprisonment without prison labor or heavier punishment.

반면, 피고인이 저지른 이 사건 각 범행은 피고인이 향 정신성의약품 성분이 함유된 우울증 치료약( 아 졸 릭 정) 을 사용하여 원심 판시 피해자들을 상대로 원심 판시 범죄사실 기재와 같은 강도, 강도 강간, 강도 미수의 각 범행을 저지른 것으로, 그 범행 경위와 내용, 수단과 방법 및 결과 등에 비추어 그 죄질이 매우 중하다 할 것인 점, 특히 피고인이 자신의 어머니뻘 되는 피해자 C에 대하여 원심 판시 범죄사실 제 2의 나. 항...

arrow