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(영문) 서울고등법원 2013.03.22 2012노4326
강제추행치상등
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. The Prosecutor’s grounds of appeal are unreasonable that the sentence imposed by the lower court on the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) (one year of imprisonment and ten years of a notice of disclosure order), which the lower court sentenced (hereinafter “Defendant”).

B. Defendant’s ground of appeal 1) The sentence imposed by the lower court on the Defendant’s ground of unfair sentencing is unreasonable, and 2) the Defendant’s allegation of unfair disclosure order and notification order (see, e.g., written statement of grounds of appeal attached to Defendant’s submission) is unreasonable.

3. The order to attach an electronic tracking device that the court below ordered the defendant to attach an electronic tracking device for 10 years shall be unjust.

2. Determination

A. Each of the instant crimes committed by the public prosecutor and the Defendant with respect to the assertion of unfair sentencing by the public prosecutor and the Defendant is continuously low at intervals of 22 hours per day, and the crime of bodily injury by compulsion and bodily injury by robbery among the said crimes is likely to have been committed by following women who are vulnerable to the crime during the night time, and the crime is highly dangerous, and the nature and circumstances of the crime are poor through interview and interview, and each of the instant crimes is committed by the Defendant during the period of repeated offense, etc. disadvantageous to the Defendant.

On the other hand, the fact that the defendant agreed with the victim of the crime of this case, and that the parent of the defendant and the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the son of the

In addition, the age, criminal records, character and conduct, environment, family relationship, motive and background of the crime, circumstances after the crime, etc. of the defendant and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee.

(a) Basic crime: Crimes of robbery (determination of type), robbery, and in the event of a result of bodily injury, Type 1 (general robbery) (special person).

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