(영문) 대구고등법원 2016.09.22 2016노385 | 리걸엔진

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(영문) 대구고등법원 2016.09.22 2016노385

성폭력범죄의처벌등에관한특례법위반(강간등상해)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. Defendant 1) The sentence that the lower court sentenced to the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) (13 years of imprisonment”) is too unreasonable.

2) It is unreasonable for the lower court to order the disclosure and notification of Defendant’s personal information for a period of 10 years to the contrary.

3) The lower court’s order to attach an electronic tracking device to the Defendant for a period of 20 years, and imposing an order to complete a program, etc. on the Defendant is excessively harsh.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the allegation of unfair sentencing by the Defendant and the prosecutor, the Defendant invaded the victim into the apartment building in which the victim is living, brought the victim on the rooftop, brought up the victim on the rooftop, and followed several circumstances on the victim’s entrance and the negative part, brought rape and similar rape, thereby causing injury to the victim, which requires approximately two weeks of medical treatment.

The Defendant: (a) threatened the victim (15) who was aged in the site of his life with the threat that “I am soon; (b) I will die of his parents if you report”; (c) I am head and face; (d) I am head and face in order to obtain sexual satisfaction; (e) I am a fixed amount on the face of the victim in order to obtain sexual satisfaction.

The victims suffered from physical and mental pain which cannot be said to be achieved due to the above Defendant’s crime, and caused extreme sexual humiliation. They are diagnosed with stress disorder and under medical treatment, and the father of the victim is also under medical treatment because his/her father is unable to protect his/her father’s children.

As such, the Defendant and his family members were faced with a wound that was difficult to recover throughout their lives, and did not receive a letter from the injured party.

The defendant sexual assaults a restaurant employee at the Daegu District Court's Branch in 2012.

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