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(영문) 광주고등법원 2013.12.05 2013노403
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 unreasonable that the sentence imposed by the lower court on the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (a notice of disclosure of information for five years of imprisonment, 40 hours of imprisonment, and 6 years of imprisonment) is too unreasonable.

B. Prosecutor (1) The sentence imposed by the lower court on the Defendant case is too unfortunate and unreasonable.

(2) The risk of recidivism is recognized in light of the fact that the defendant, claiming an attachment order, has been raped by his or her her her her her her her her her her her her friend,

Therefore, it is unreasonable for the court below to dismiss the request for the attachment order of this case.

2. Determination

A. The Defendant’s judgment on the assertion of unreasonable sentencing by the Defendant and the prosecutor is a favorable condition to the Defendant that is based on criminal facts and divided his/her mistake, that there is no record of criminal punishment, and that the degree of injury suffered by the victim is not much serious.

On the other hand, the crime of this case is committed by the defendant as his father's father's father's father's father's father's father's father's father's father's father's mother's father's mother's mother's mother's father's father's she was raped and injured by the victim's body. The crime of this case is not good, and the victim's father's father's father's father's father's father's father's body

Considering the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and method of committing an offense, and circumstances after committing an offense, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion of unreasonable sentencing is without merit.

B. The lower court’s determination on the prosecutor’s claim regarding the prosecutor’s request for attachment order has no criminal records against the Defendant, and as a result of the application of the K-SORAS to the Defendant, the risk of recidivism falls under the intermediate level, and the mentally ill person.

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