(영문) 부산고등법원 2017.03.23 2017노26 | 리걸엔진

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(영문) 부산고등법원 2017.03.23 2017노26

성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등

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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 punishment (three years of imprisonment) imposed by the lower court and the person who requested the attachment order (hereinafter “Defendant”) on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is deemed to be too unreasonable.

(B) An disclosure disclosure disclosure order ordered by the lower court to the Defendant (five years) is unfair.

2) The part of the request for attachment order that the lower court ordered the Defendant to attach an electronic tracking device (10 years) is unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

In addition, orders to complete sexual assault treatment programs should also be imposed on the defendant.

2. Determination

A. Part 1 of the case against the defendant and the prosecutor's unfair argument of sentencing was examined, and circumstances favorable to the defendant (the defendant led to confession of the crime of this case in the court below and the court of the trial at the court below, and reflects his mistake.

A statement is made, an agreement between the defendant and the victim is made and the injured person does not want the punishment of the defendant) and circumstances unfavorable to the defendant (the crime of this case committed by the defendant is committed similar rape under the circumstances as stated in the judgment of the court below, and the crime of this case is very serious in light of the circumstances after the crime was committed, and the defendant was sentenced to three years to imprisonment for a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Busan High Court on February 19, 2014, and committed repeatedly the same crime during the period of repeated crime even though he had before the execution of the punishment was completed, and the crime of this case committed by the defendant appears to have suffered sexual humiliation and physical pain of the victim due to the crime of this case).

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

유사 판례

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