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(영문) 부산고등법원 (창원) 2013.11.15 2013노283
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (1) The first instance court is only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(ii) it is unreasonable that the first instance court orders the accused to disclose or notify the personal information for a period of ten years.

3 It is unreasonable that the first instance court ordering the accused to attach an electronic tracking device for ten years.

(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;

2. Determination

A. As to the assertion of unfair sentencing, the Defendant is recognized as a favorable sentencing factor, such as the fact that the Defendant has recognized all his own criminal acts and appears to have divided them in his own name, and that the type of force exercised by the victim is not relatively more severe.

On the other hand, the crime of this case is recognized as a disadvantageous sentencing factor such as the fact that the defendant saw the victim who is vulnerable to the crime to be the place of the crime and sexual intercourse by force is extremely poor, and the defendant has been punished for several sexual crimes, and the victim appears to have suffered a considerable mental shock and pain due to the crime of this case, but has not yet been recovered from the victim and has not been able to receive a letter from the victim.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in the arguments, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it does not seem to be too light or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

B. As to the wrongful assertion of disclosure and notification order, the crime of this case constitutes a sexual crime subject to disclosure and notification order.

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