(영문) 서울고등법원 2014.12.05 2014노2861 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.12.05 2014노2861

강간상해

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

For the defendant.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the part of the defendant’s case for which the request for attachment order was filed, and the part of the case for which the request for attachment order was filed was appealed only by the defendant, and thus, the court below excluded the part for which the request for attachment order was filed from the scope of the judgment of this court, notwithstanding Article 9(8) of the Act on Probation and Location Monitoring

2. The main point of the grounds for appeal is too unreasonable as the lower court’s punishment is too unreasonable.

3. The crime of this case was committed in the main place by the Defendant, while enjoying amusement with the victim who is the cause of entertainment entertainment, and the crime of this case was committed by assaulting the victim and committing rape and injuring the victim. It seems that the victim would have suffered considerable mental or physical pain. The Defendant committed the crime of this case even during the suspended execution period due to similar crimes, which is disadvantageous to the Defendant.

The fact that the defendant led to the confession of the crime of this case and reflects his mistake, the fact that the defendant appears to have committed the crime of this case somewhat dynamic and friendlyly under the influence of drinking, and the fact that the victim does not want the punishment of the defendant is favorable to the defendant.

In this regard, in full view of the Defendant’s age, character and conduct, family environment, motive and background leading to the instant crime, circumstances before and after the instant crime, etc., and the recommended sentencing guidelines of the Supreme Court, it is recognized that the sentence imposed by the lower court is somewhat unreasonable.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

(b).

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

-형사소송법 제364조 제6항

유사 판례

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