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(영문) 광주고등법원 (전주) 2014.12.16 2014노237
성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)
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 (one year of imprisonment, four years of disclosure, and ten years of order of disclosure and notification) in part of the Defendant case (hereinafter “Defendant”) is too unreasonable. 2) Although the part of the Defendant’s case claiming an attachment order does not pose a risk of recommitting the recidivism of sexual crimes or sexual crimes, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for ten (10) years, and impose an order on the Defendant.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment on the part of the defendant's case and the prosecutor's assertion of unreasonable sentencing.

The circumstances that the defendant led to the confession of each of the crimes of this case and recognized his mistake in the investigation agency, the defendant voluntarily surrenders himself to the investigation agency, the victims did not want to be punished against the defendant, the defendant does not have the same criminal records as the defendant was punished three times by the previous fine, and the defendant's parents and the surrounding persons including the defendant's parents and the women want to take the action against the defendant should be considered as a favorable circumstance for the defendant.

However, on the other hand, each of the crimes of this case is a case in which the defendant intrudes upon the crime of the crime of the studio window in the middle of the trial by suppressing the victim F's resistance, rapes, and intrudes into the house through the unscamrash window without correction, and by making the victim gather the sexual organ rapidly in the drafting of the victim He by threateninging the brue, which is a dangerous object, by causing the victim's hand, and by quickly inserting the sexual organ into the drafting of the victim He, the nature of the crime is very serious in light of the circumstances of the crime, method and method of the crime, contents, and consequence, and in particular, the defendant committed each of the crimes against the victims of an unspecified female who is a mixed female by infringing upon the residence where the privacy should be ensured.

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