(영문) 대구고등법원 2016.05.19 2016노59 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2016.05.19 2016노59

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

Text

Defendant

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

Reasons

1. The gist of the grounds for appeal is that the sentence (eight years of imprisonment) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

2. Determination

A. As to the part of the case of the defendant (unfair assertion of sentencing), the defendant committed a crime against his wrongness while attempting to commit the crime, and received the letter from the injured party.

고아로 자란 피고인을 돌봐 준 가톨릭 신부( 神父) 가 피고인을 바른 길로 인도하겠다고

In addition, it seems that the members of the service organization to which the defendant belongs are relatively clear, such as the agreement with the victim in view of gender.

However, the crime of this case is a serious crime in light of the content of the crime and the method of the crime, where the defendant gets a knife, which is a deadly weapon, and took cash into the house of the victim, and rapes the victim.

Furthermore, even if the Defendant had been sentenced to eight years of imprisonment for the same kind of crime and completed the execution of the sentence on July 4, 2012, the Defendant committed the instant crime again for three years and more.

The victim seems to have been suffering from extreme sexual humiliation by suffering from sexual assault, etc. from the Defendant, who was knife at his own house, which was knife, by suffering from a great mental impulse.

In full view of such circumstances as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the statutory penalty (a death penalty, imprisonment with prison labor for life, or imprisonment with prison labor for more than ten years) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape) in the records of the instant case, the sentence imposed by the lower court appears to be within the scope of appropriate sentence corresponding to its liability, and it is not determined that the sentence is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

B. As to the part of the claim for attachment order, the defendant is the defendant.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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