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(영문) 부산고등법원 (창원) 2013.06.13 2013노162
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Part of the defendant's case

A. Summary of the grounds for appeal 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(2) The lower court’s sentence of imprisonment for life, which the lower court sentenced against the Defendant, is too unreasonable to impose the sentence of imprisonment for life, which is not a death penalty, on the Defendant, because the sentence is too uneasible.

B. As to the Defendant’s assertion 1, it is recognized that the Defendant did not plan the instant crime in advance, but attempted rape against the victim by reporting the short-term sexual desire of the victim on the day of the instant crime, and attempted to commit rape against the victim. After that, it appears to have been committed against the crime of murder and concealment of the body, which is likely to cause fear of committing the crime if the victim, who is well aware of the Defendant, wishes to kill the victim, and that rape against the victim was committed. The rape against the victim is the attempted crime, and the Defendant made a prompt confession of the instant crime from the investigative agency to the court.

① However, the crime of this case committed by: (a) while living in neighboring areas, the victim was 10 years old or older who was aware of while living in ordinary areas; (b) resulting in rape of the victim by inserting his sexual organ into the victim’s entrance; (c) resulting in the victim’s fears and fears rapidly; and (d) resulting in the victim’s attempted rape; (b) cutting the victim’s secret name into the victim’s body; (c) cutting the victim’s body with his her string by force; and (d) putting the body of the victim’s body into the string by force; and (d) putting the victim’s body into the string and in a nearby mountain area, the crime was extremely poor in light of the content, means, and method of the crime; and (b) the fear and fear of the victim’s age in the course of the crime of this case are very serious enough to see the result of the crime; and (b) the crime of this case was committed by the crime of this case.

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