(영문) 부산고등법원 2013.12.04 2013노401 | 리걸엔진

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(영문) 부산고등법원 2013.12.04 2013노401

성폭력범죄의처벌등에관한특례법위반(특수강간)등

Text

The judgment below

Part of the attachment order case shall be reversed.

The person against whom the attachment order is requested shall track the location for ten years.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the defendant's case) The defendant and the person who requested an attachment order and the person subject to medical treatment and custody (hereinafter "defendant")

(2) The lower court’s sentence of unreasonable sentencing (one-twelve years of imprisonment, 80 hours of order to complete a sexual assault treatment program, and 10 years of order to disclose or notify) is too unreasonable, as well as there was a mental disorder caused by alcohol dependence, etc. at the time of the instant crime.

(b) The location tracking electronic device attachment period (20 years) in part of the attachment order case is too unfair;

2. Judgment

A. According to the evidence duly adopted and examined by the court below, the defendant is acknowledged as a patient with alcohol dependence, and the defendant was in a drinking condition at the time of the crime of this case. However, in full view of various circumstances, such as the background, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, which are recognized by each of the above evidence, it does not appear that the defendant lacks the ability to discern things or make decisions due to alcohol dependence and considerable drinking. Therefore, the defendant's assertion of unfair sentencing is without merit. 2) The defendant's assertion of unfair sentencing is a normal situation favorable to the defendant.

However, the crime of this case is committed by threatening a 14-year old victim who is merely 14 years of age to enter the house of the victim and attempted to commit an indecent act and rape, and it is very poor that the crime of this case was committed by committing an attempted rape, and the defendant was already sentenced to a punishment of the same kind on three occasions, and further, robbery is committed in the military mountain support of the Jeonju District Court on April 11, 2003.

유사 판례

-부산고등법원 2013.12.4.선고 2013노401 판결

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