logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.09.06 2013노2299
성폭력범죄의처벌및피해자보호등에관한법률위반(장애인에대한준강간등)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable for the lower court to order the Defendant and the person to whom the attachment order was requested (i.e., the Defendant and the person to whom the attachment order was requested) to attach an electronic tracking device even though the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) did not pose a risk of repeating the crime.

B. Prosecutor 1) The sentence of the lower court on the part of the Defendant’s case (e.g., e., e., e., e., e., e., e., e., e., e., e.,

2. Determination

A. The instant crime of determining the allegation of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant attempted to have sexual intercourse by inducing the victim E, who is the disabled, to have sexual intercourse with his own car; and (b) had sexual intercourse by inducing the said victim again; (c) the Defendant attempted to rape the victim G, who found his house for employment assistance; and (d) the type of crime is very bad, high possibility of criticism, and physical and mental suffering suffered by the victims due to the Defendant’s instant crime.

On the other hand, the fact that the defendant repents the defendant's wrong, and the victims do not want punishment against the defendant, and some of the crimes were committed, and the degree of injury suffered by the victim G was not severe, are favorable to the defendant.

In full view of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and method of the crime of this case, and circumstances before and after the crime of this case, the sentence of the court below is appropriate, and it is not recognized that it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

B. Regarding the assertion regarding attachment order case

arrow