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(영문) 서울고등법원 2015.08.28 2015노1231
강간치상등
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 sentence imposed by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”) is too unreasonable and unreasonable.

B) Although there are special circumstances to prevent the Defendant from disclosing or notifying personal information, it is unreasonable for the lower court to order the Defendant to disclose or notify the personal information for five years. 2) It is difficult to view the Defendant to have a habit of sexual crimes as part of the case where the attachment order is requested, and furthermore, it is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for ten years, even though the Defendant is not likely to recommit sexual crimes.

B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Determination

A. Defendant case 1) The Defendant was committed on the part of the Defendant and the Prosecutor’s argument of unfair sentencing, and both of the instant crimes are deemed to have been committed, and the degree of injury to the victim caused by the instant crime is relatively limited. However, the instant crime is highly likely to be punished on the grounds that the Defendant did not engage in the suspended execution and probation period due to the instant crime, and where the Defendant planned to gather the victim, and rape the victim and resulted in bodily injury. In addition, the Defendant’s crime appears to have suffered serious mental shock and pain, and there was no intention of not imposing punishment against the Defendant up to the trial. The Defendant had been sentenced two times to imprisonment for the same crime, and the risk assessment scale of the Defendant’s sexual offender (K-SORAS) and the PC-R screening tool (PCL-R evaluation results are all referred to as “high level”.

otherwise, the age of the defendant;

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