(영문) 서울고등법원 2017.05.25 2017노497 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.05.25 2017노497

아동ㆍ청소년의성보호에관한법률위반(강간)등

Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the person who requested an attachment order (hereinafter, the Defendant) had been drunk, or was physically and mentally lost or physically weak, such as a steel bottle, at the time of committing the instant crime.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the records on the argument of mental and physical disorder, the part 1 of the case against the defendant is found to have drinking alcohol at the time of the crime of this case, but in light of the circumstances revealed in the argument of this case, such as the background of the crime of this case and the behavior of the defendant before and after the crime of this case, the defendant had no or weak ability to discern things due to drinking, etc.

Therefore, this part of the defendant's assertion is without merit.

2) It is recognized that the Defendant’s mistake in determining the unfair argument of sentencing is divided.

However, the defendant committed the crime of this case again at 20 days after he was released from the military court on the ground that he had the same criminal record, and again committed the crime of this case more repeatedly. The crime of this case is committed by the defendant about attempted rape of the victim E, the crime of this case is committed by the defendant about attempted rape of the victim G, and the nature of the crime is not good, the defendant did not agree with the victims up to the trial of the case, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, sex and criminal conduct, environment, motive, means and consequence of the crime, etc., are considered, and it is not reasonable for the court below to have imposed the punishment too too too unreasonable. Thus, this part of the defendant's assertion is without merit.

B. As long as the Defendant filed an appeal regarding the case of the attachment order, the appeal regarding the case of the attachment order also is filed in accordance with Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment, Etc. (hereinafter “Electronic Devices Attachment Act”).

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

유사 판례

-서울고등법원 2017.09.14 2017노1636

-서울고등법원 2017.07.20 2017노899

-서울고등법원 2016.05.12 2016노14

-서울고등법원 2017.03.23 2016노4087

-서울고등법원 2016.09.22 2016노1717