(영문) 대전고등법원 2014.10.31 2014노362 | 리걸엔진

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(영문) 대전고등법원 2014.10.31 2014노362

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, ten years of disclosure and notification order, and ten years of an electronic device attachment order) is too unreasonable for the gist of the grounds for appeal.

2. Determination on the grounds for appeal

A. As to the part of the defendant's case, the crime of this case was committed by the defendant, who committed the crime of this case, after going beyond the body of the house that the defendant thought that he would live as a female woman in the middle of the trial, and tried to rape the victim. In addition, the peace of the victim's residence was damaged and the nature of the crime and the criminal situation is very inappropriate in light of the several methods and contents of the crime. The defendant committed the crime of this case without being able to do so during the period of repeated crime, even though he had been sentenced to 2 years of imprisonment due to the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, with similar several methods and contents, and the crime of this case was committed without being able to do so during the period of repeated crime. The victim is deemed to have suffered a big mental shock, and the victim wishes to be punished against the defendant. The defendant's rape was committed in violation of the crime of this case; the degree of rape used by the victim; and the degree of the defendant's character, environment, motive, means and consequence of the crime;

B. The judgment on the part of the request for attachment order is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Probation and Location Monitoring, etc. of Specific Criminal Offenders, inasmuch as the Defendant filed an appeal against the prosecuted case. However, there is no reason to reverse this part ex officio without stating the grounds for appeal or the petition of appeal filed by the Defendant and the person subject to the request for attachment order.

3. Conclusion, Defendant .

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

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