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(영문) 서울고등법원 2017.09.14 2017노1636
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable for the Defendant and the person who requested the attachment order.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The Defendant’s crime in the part of the instant case requires strict punishment against the Defendant, taking into account the following: (a) the Defendant and the person who requested the attachment order (hereinafter the Defendant) invaded the victim’s residence at night to take property by force; (b) rape the victim; and (c) taking the body of the victim, which may cause sexual humiliation or shame by using a cellular phone with the camera function, against the victim’s will; and (d) the nature of the crime is not good; and (e) the Defendant did not agree with the victim up to the trial.

However, the fact that the defendant is divided into his mistake, that the defendant surrenders himself to the investigation agency, that there is no change in the conditions of sentencing compared with the original judgment, and that the sentencing of the original court exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfasible. Thus, the above argument by the Defendant and the Prosecutor is without merit.

B. The part of the attachment order case is deemed to have filed an appeal regarding the attachment order case under Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment, Etc. (hereinafter “Electronic Devices Attachment Act”). However, the prosecutor did not submit legitimate grounds for appeal regarding the attachment order case, and the petition of appeal submitted by the prosecutor does not state the grounds for appeal regarding this part, and the record is examined.

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