logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 (춘천) 2013.07.03 2013노89
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
Text

All appeals filed by the prosecutor and the defendant and the person subject to the attachment order shall be dismissed.

Reasons

1. The circumstance is that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") have led to the confession of and reflect against the instant crime, etc. in determining the allegation of unfair sentencing on the part of the defendant's case is favorable to the defendant.

However, the facts constituting the crime of this case, which the defendant raped before the victim's wife's wife, are very poor, the defendant committed the crime of this case only for five months after release from prison, and the defendant committed the crime of this case again again for five months after release from prison, and the previous department of this case can be seen as an unfavorable circumstance.

Considering the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and various circumstances that form the conditions for sentencing as indicated in the records, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court (12 years of imprisonment) is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

2. The judgment on the part of the attachment order case and the prosecutor filed an appeal against the prosecuted case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders are deemed to have filed an appeal against the attachment order case pursuant to Article 9(8). However, there is no statement in the grounds for appeal or appeal filed by the defendant, defense counsel, and prosecutor, and there is no ground for reversal ex officio as to this part.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. It is so decided as per Disposition.

arrow