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(영문) 광주고등법원 2018.11.29 2018노339
성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)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 sentence of the lower court (six years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant determined on the part of the Defendant’s instant case: (a) at night, female women invaded a single-parent’s residence, took the victim’s property by taking advantage of the victim’s property, inflicted bodily injury on the victim; and (b) committed an indecent act on the victim in the course of taking the property by force; and (c) taken the victim’s chests and negatives against his will.

The nature of the crime is very bad.

Meanwhile, the Defendant committed the instant crime during the period of repeated crime.

In light of the aforementioned circumstances against the Defendant and the Defendant’s primary motive for committing the instant crime is taking property, and sexual crimes are committed with the intent to prevent the victim’s report in the course of taking the victim’s body card by force and withdrawing cash. As such, in full view of the circumstances favorable to the Defendant, including the withdrawal of cash after the withdrawal of the cash and return of the cell phone to the victim, and the conditions of sentencing as shown in the records and pleadings, it cannot be deemed that the punishment was excessively heavy or imprisoned and exceeded the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

3. As long as a public prosecutor filed an appeal regarding the part of the case for which the request for attachment order was filed, the appeal regarding the case for which the request for attachment order was filed pursuant to Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. of Electronic Devices Act shall be deemed to have been filed. However, the appeal regarding this part of the petition of appeal or the statement of reason for appeal submitted by the public prosecutor is not indicated, and there is no reason to investigate and reverse it

4. Conclusion.

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