(영문) 대구고등법원 2015.07.09 2015노215 | 리걸엔진

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(영문) 대구고등법원 2015.07.09 2015노215

성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)

(2) The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable and unfair under the influence of alcohol at the time of the instant crime.

B. Since the part of the case where the attachment order is applied does not pose a risk of repeating a sexual crime against the defendant, the attachment order of an electronic device against the defendant is unlawful and is too unfair.

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant had a evise state of drinking at the time of the instant crime.

However, in light of the Defendant’s reputation amount acknowledged by the evidence duly adopted and examined by the lower court, the background leading to the instant crime, the means and method of the crime, and the circumstances after the crime, etc., it does not seem that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion on unreasonable sentencing, it appears that the Defendant appears that he/she had committed the instant crime under the influence of alcohol, and that the Defendant’s failure to seriously reflect the mistake while committing the crime is favorable to the Defendant.

However, the crime of this case is 87 years old who is mixed with neighbors and tried to engage in sexual intercourse with the victim's clothes by cutting off or intrusioning the victim's clothes twice at the victim's house, which is 87 years old where the defendant living together with neighbors, and then his fingers were collected into the part of the victim's sound, and thus, the crime is heavier in light of the contents of the crime and the method of the crime.

In particular, the Defendant committed the instant sexual crime even though he had been sentenced to a punishment by rapeing his minor father and wife even in the past.

The injured party shall be within its own house to be the most safe.

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