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(영문) 서울고등법원 2017.03.23 2016노4087
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court by the Defendant and the requester for an attachment order is too unreasonable (the gist of the defense counsel’s argument submitted after the lapse of the submission period for the reasons for appeal shall be determined within the scope of supplement of the reasons for appeal specified in the written reasons for appeal, and no separate determination is made as to the defense counsel’s argument that is not entirely indicated in the reasons for appeal).

2. Determination

A. Although the Defendant and the respondent for an attachment order (hereinafter the Defendant) committed the instant crime again during the period of repeated crime even though they had the same criminal record, the instant crime was committed again during the period of repeated crime. The instant crime was committed in excess of the Defendant’s excessive criminal record, leading the victim who is a juvenile to the stairs of the apartment rooftop, rape, causing bodily injury to the victim, and carrying excessive excess, and thus, the nature of the instant crime is not very good. Considering the fact that the Defendant and the respondent for an attachment order (hereinafter the Defendant) committed the instant crime, strict punishment against the Defendant is necessary.

However, the fact that the defendant divided his mistake, that the defendant paid part of the money to the victim, and that there is no change in the conditions of sentencing compared with the original court, and that the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sex and environment, motive, means, and consequence of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unfasible. Thus, the above argument by the Defendant and the Prosecutor is without merit.

B. The Act on the Protection and Observation of Specific Criminal Offenders and the Attachment of Electronic Devices (hereinafter “Act”) shall apply to the case where the Defendant filed an appeal regarding the Defendant’s case.

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