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(영문) 서울고등법원 2015.05.21 2015노1037
성폭력범죄의처벌등에관한특례법위반(강간등살인)등
Text

The judgment below

The part of the defendant's case and the attachment order case shall be reversed.

A defendant shall be punished by imprisonment for life.

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) The Defendant was under the state of mental and physical disability by drinking alcohol at the time of the instant crime. 2) The sentence of imprisonment imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.

B. It is unreasonable that the court below ordered the defendant to attach a location tracking electronic device for 30 years.

2. Determination

A. The judgment of the court below on the ground for ex officio appeal is examined ex officio prior to the judgment of the court on the ground for appeal. The court below held that “one tobrush (Evidence 1), one tobrush (Evidence 2), one tobrut (Evidence 3), one tobrut (Evidence 4), one tobrut (Evidence 5), and one tobrut (Evidence 5) constituted an article that the defendant provided or intended to provide for the instant crime, and confiscated each of the above seized articles by applying Article 48(1)1 of the Criminal Act. However, even after examining the record, there is no evidence to prove that the defendant provided or intended to provide each of the above seized articles for the instant crime. Accordingly, the part of the judgment of the court below on each of the above confiscated articles cannot be maintained. However, even if there is a reason for ex officio reversal, the defendant's claim on mental and physical disability still becomes subject to the judgment of the court of this case, and thus, it is examined as to this point.

It does not seem that there was or was a weak state.

Therefore, we cannot accept this part of the defendant's assertion.

B. The lower court’s judgment on the attachment order case is legitimate.

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