(영문) 서울고등법원 2013.05.30 2013노1182 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.05.30 2013노1182

성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등

Text

Defendant

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

Reasons

1. In light of the circumstances surrounding the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the sentence imposed by the lower court (eight years of imprisonment) is too unreasonable.

2. Determination

A. The court below’s decision is unreasonable in light of the following factors: (a) the Defendant’s mistake is against the Defendant; (b) the Defendant has no record of punishment for the same kind of crime; (c) the victim and the mother of the victim agreed with the victim that the victim and the mother of the victim want not to have the Defendant punished; (d) the Defendant committed the instant crime in which the Defendant raped six times in de facto marital relationship; and (e) the Defendant committed the instant crime in which the victim was committed on six occasions; (c) the Defendant resolved his sexual desire over a long-term period; (d) the Defendant committed the instant crime in which the victim was under the age of 12 to 14; (e) the victim’s age was under the age of 12; and (e) the victim was under a great mental shock that the victim could not recover throughout his life; and (e) the various conditions of sentencing specified in the pleadings, such as the motive for the crime; (e) the means and consequence of the crime; and (e) the sentencing guidelines established by the Sentencing Committee.

Therefore, the defendant's assertion is without merit.

B. As long as the Defendant filed an appeal against a prosecuted case, it is deemed that an appeal against an attachment order case has been filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, the Defendant failed to submit any grounds for appeal regarding the attachment order case, and even if examining the lower judgment, there is no ground for reversal after ex officio investigation as to the part of the attachment order case.

3. Conclusion.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

유사 판례

-서울고등법원 2013.05.30 2013노1267

-서울고등법원 2013.05.30 2013노1323

-서울고등법원 2013.11.28 2013노2989

-서울고등법원 2013.04.04 2013노532

-서울고등법원 2013.07.18 2013노1803