(영문) 서울고등법원 2015.01.29 2014노3400 | 리걸엔진

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(영문) 서울고등법원 2015.01.29 2014노3400

준유사강간등

Text

The judgment below

The appeal filed by both the defendant and the prosecutor on the part of the defendant case shall be dismissed.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. On December 18, 2014, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) asserted a mistake of facts as to the crime of quasi-rape in the instant case, and a mental and physical disorder as to the quasi-rape and the crime of quasi-rape in each quasi-rape in the appellate brief submitted to the court, but withdrawn the allegation of mistake of facts and mental and physical disorder on the second trial date.

The punishment sentenced by the court below (one year and eight months of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s judgment dismissing the Defendant’s request for the attachment order of an electronic tracking device on the ground that it is difficult to readily conclude that the part of the Defendant’s case, which was sentenced by the lower court, is too unfluent and unfair. (2) The lower court erred by misapprehending the legal doctrine as to the risk of recidivism or

2. Determination

A. We also examine the Defendant and the prosecutor’s assertion of unreasonable sentencing regarding the part of the Defendant case.

The crime of quasi-Rape and each quasi-indecent act by force of this case committed similarity and each indecent act against the male victims who were locked in the death or the body of the victim, and the crime is very poor. The defendant committed an indecent act against the male, even before the crime of quasi-rape and quasi-indecent act by force of this case, and again committed the crime of quasi-rape and quasi-indecent act by force of this case, despite having been investigated several times by an investigative agency, and again committed the crime of quasi-rape and quasi-indecent act by force of this case, and did not recover from damage to the victims up to

However, there are favorable circumstances for the defendant, such as the fact that the defendant recognized each of the crimes in this case and divided the wrong facts, and that the defendant has no criminal record of suspended execution or more.

The age, character and conduct, environment, motive, means and result of the crime of the defendant, as seen earlier, and other circumstances.

유사 판례

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