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(영문) 광주고등법원 (제주) 2016.05.11 2016노28
강간치상
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. It is unfair for the lower court to order the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) to disclose and notify the information between seven and ten years of imprisonment with prison labor and the person to whom the attachment order was requested (hereinafter “Defendant”), and to attach an electronic tracking device for ten years (the Defendant’s improper assertion in sentencing). B. The lower court’s sentence is too unreasonable.

2. Determination

A. The lower court’s sentencing is the favorable circumstances for the Defendant, such as the fact that the Defendant reflects the Defendant’s sentencing, and that the injury inflicted on the victim by the instant crime was not much serious compared to the same type of crime.

However, the Defendant committed another crime of this case at least 10 months after having been subject to criminal punishment for committing two previous sexual crimes, even if such crimes were committed, and even if such crimes were previously committed, there are unfavorable circumstances against the Defendant, such as the fact that the Defendant, at the bus stops in front of the D prior bus stops, went away female visitors from the vehicle and carried them into a rare place, thereby committing robbery and rape, and that the victim seems to have suffered a big mental shock due to the instant crime.

In light of the above circumstances and other factors, such as the Defendant’s age, sex, career, family relationship, motive and background of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable in the instant case where there is no particular change in the conditions of sentencing after the lower judgment, and thus, it is not deemed that the sentence imposed by the Defendant is too heavy or unreasonable.

Therefore, we cannot accept the unfair argument of sentencing by the defendant and prosecutor.

B. The defendant's age, power, risk of re-offending, background and method of the crime of this case, disclosure and notification order, and prevention of sexual crimes that may be achieved due to the disadvantage of the defendant and that of which the court below duly adopted and examined the order of disclosure.

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