(영문) 서울고등법원 2014.11.14 2014노2564 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.11.14 2014노2564

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence on the part of the Defendant case is too unhued and unreasonable.

B. It is unreasonable to dismiss the request for the attachment order of this case even if the defendant and the respondent for the attachment order (hereinafter “defendant”) are found to pose a risk of repeating a sexual crime.

2. Determination

A. As to the part of the Defendant’s case, in full view of the following: (a) the rape crime of this case was committed in the attempted crime; (b) the Defendant led to the confession and the mistake of the Defendant; and (c) the Defendant is currently 19 years of age, relatively old and his family’s intent to protect is considerably strong; (d) there seems to be more room for improving character and behavior; (c) the victim does not want punishment against the Defendant; and (d) other factors such as the Defendant’s age, character and behavior, family environment, motive and circumstance of the crime; (d) the means and consequence of the crime; and (e) various sentencing conditions as shown in the argument of this case, such as the circumstances before

Therefore, this part of the prosecutor's argument is without merit.

B. The judgment of the court below on the part of the attachment order case is based on the following circumstances, namely, ① the defendant's risk of recidivism at the level of 9 points in total (7-24 points) as a result of the evaluation of PC-R on the defendant's mental disorder, ② the risk of recidivism at the level of 11 points in total (7-12 points). ② the crime was committed in this case, ② the defendant led to the attempted crime, and the defendant led to the attempted crime, and the defendant led to the confession of his offense and divided his depth into depth. ③ The victim did not want the punishment against the defendant. ④ The defendant is now 19 years old, and the defendant is relatively old and his family protection is very strong, so the defendant's distorted sexual impulse that was revealed through the crime of this case is reasonable through taking lectures of the sexual assault therapy.

유사 판례

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