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(영문) 서울고등법원 2015.05.21 2015노988
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six years of imprisonment) on the ground of unfair sentencing is excessively unreasonable.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for seven years, even though there is no risk of recidivism of sexual crimes by the Defendant and the respondent for the attachment order (hereinafter “Defendant”).

2. Determination

A. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized each of the crimes in this case as to the assertion of unfair sentencing, recognized the mistake thereof, divided the Defendant’s punishment for sexual crimes, the Defendant appears to have no record of punishment for sexual crimes, and the Defendant appears to have caused sexual assault in a somewhat contingent manner under the influence of drinking, and the Defendant’s consent does not want the punishment of the Defendant, and is in a position to support the Defendant’s mother or sick.

However, each of the sexual crimes in this case is sexually rape and indecent act by compulsion committed by the defendant, recognizing that the defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually violent

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, various sentencing conditions indicated in the records, such as the circumstances after the crime, etc., the lower court’s punishment appears to be appropriate, and it is not recognized that it is too unreasonable.

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