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(영문) 서울고등법원 2013.12.12 2013노2735
강간상해등
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.

. against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. (i) part of the Defendant case: the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were under the influence of alcohol at the time of each of the instant crimes;

It is improper for the court below to issue an order of disclosure notification to the defendant.

Secondly, the sentence imposed by the court below on the defendant (at least three years and six months of imprisonment) is too unreasonable.

B. The lower judgment ordering the Defendant to attach an electronic tracking device to the Defendant even though it is difficult to see that the Defendant’s request for attachment order does not pose a risk of repeating sexual crimes.

2. Determination

A. As to the part of the Defendant’s case (i) the Defendant alleged that the Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of each of the instant crimes, and the lower court rejected the said assertion by explaining the judgment under the title “as to the assertion of mental disorder No. 2-D. and mental disorder” in the judgment of the Defendant and the defense counsel.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable.

Therefore, the defendant's argument related to mental illness is without merit.

The crime of paragraph (1) of the judgment of the court below as to the unjust assertion of disclosure order constitutes a sex offense subject to registration under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Act on the Punishment, etc. of Sexual Crimes provides that a person who has committed a sex offense subject to registration shall disclose and notify the personal information of the person who has committed the sex offense subject to registration, and shall be exempted only

However, the type, motive, process, result and seriousness of the instant crime, which can be recognized by the evidence duly adopted and investigated by the court below, and the severity of the crime.

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