(영문) 대전고등법원 2013.12.04 2013노452 | 리걸엔진

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(영문) 대전고등법원 2013.12.04 2013노452

성폭력범죄의처벌등에관한특례법위반(장애인준강간등)등

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. The sentencing of the lower court (one-twelve years of imprisonment, ten years of disclosure and notification order, and ten years of attachment order) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The lower court’s sentencing is too unjustifiable.

2. In light of the fact that the Defendant’s judgment on the part of the Defendant case committed the instant crime, which had continuously been raped for a long time as the subject of the resolution of sexual desire, is highly likely to be subject to criticism by itself, and the victim was pregnant and abortion due to the instant crime, and unrest, unrest, and unrest mental and physical wife, etc., it is difficult for the Defendant to avoid severe punishment.

However, in full view of all the circumstances, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too heavy or unreasonable, in light of the fact that the defendant made a confession of all the crimes of this case from the initial police investigation to this court, and there was no same criminal record so far, and there was no criminal record after being sentenced to punishment due to larceny in around 1988, and that there was no record of criminal punishment after being sentenced to punishment due to larceny.

Therefore, we cannot accept all the defendant's and prosecutor's arguments.

3. The judgment on the part for which the request to attach an attachment order is sought is deemed to have been filed by the Defendant along with the part for which the request to attach an electronic device was filed pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders following the Defendant’s appeal against the accused case. There is no statement in the grounds of appeal as to

4. Conclusion.

참조조문

-특정 범죄자에 대한 보호관찰 및 전자장치 부착 등에 관한 법률 제9조 제8항

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