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(영문) 부산고등법원 (창원) 2016.12.07 2016노359
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

The information on the accused shall be disclosed for a period of ten years.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (15 years of imprisonment, 10 years of disclosure and notification order, 20 years of attachment of location tracking device, etc.”) is too unreasonable.

2. The crime of this case pertaining to the defendant committed the crime of this case is disadvantageous to the defendant, on November 25, 2013, committed the crime of this case with the records of punishment three times or more due to sexual crimes, which are similar to the crime of this case, and the method and contents thereof, and the defendant committed the crime of this case while being sentenced to an order to attach an electronic tracking device to attach an electronic tracking device for five years from the Changwon District Court on November 25, 2013 and being attached with an order to attach an electronic tracking device for five years.

However, it is favorable for the Defendant to recognize the instant crime, and to commit the instant rape, and the Defendant was guilty of attempted rape, and the mother of the victim does not want the punishment against the Defendant by mutual consent with the mother who is the legal representative of the victim.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the arguments, such as circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is recognized that the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. Article 9 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, as a judgment on the case of a request for attachment order.

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