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(영문) 대전고등법원 (청주) 2015.06.25 2015노28
성폭력범죄의처벌등에관한특례법위반(장애인강간)등
Text

Defendant

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor; 200 hours; 10 years of disclosure and notification order; 10 years of electronic device attachment order) of the lower court is too unreasonable.

2. Determination:

A. In light of the fact that each of the instant offenses against the accused case (e.g., the two-way victims) committed sexual intercourse or rape or similarity by force over several occasions with three victims with mental disorder (the two-way victims), the crime is a repeated crime, and the victims and the victim wished to be punished by the defendant and the person who requested the attachment order (hereinafter referred to as the “defendant”), the sentencing of the lower court is unreasonable even if considering the grounds cited in the grounds of appeal, such as the fact that there is a mental disorder on the accused and the person who requested the attachment order (hereinafter referred to as the “defendant”), and that there is no previous error, it does not seem that the sentencing of the lower court is unreasonably heavy.

The grounds for appeal are without merit.

B. In the event that the defendant filed an appeal against the accused case regarding the case claiming an attachment order, the part of the judgment below which cited the request for attachment order under Article 9(8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is deemed to have filed an appeal. However, the defendant did not submit any grounds for appeal as to this part, and even if examining it ex officio, it does not seem that there exists any grounds for reversal

3. If so, the defendant's appeal is without merit, and thus, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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