(영문) 부산고등법원 2014.04.03 2013노628 | 리걸엔진

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(영문) 부산고등법원 2014.04.03 2013노628

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

All appeals filed by a prosecutor and the defendant and the person requested to attach an attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: (a) The sentence imposed by the first instance court in light of the various sentencing conditions in the instant case (hereinafter “Defendant”) by the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) is unreasonable as it is too unreasonable. (b) The sentence imposed by the first instance court in light of the various sentencing conditions in the instant case by the Prosecutor is too unreasonable.

B. In light of the content of the instant crime committed by sexual assault and the risk of recidivism, etc., the Defendant’s need to attach an electronic device is recognized.

Therefore, the judgment of the court of first instance, which dismissed the defendant's request for attachment order, contains an error of law by misunderstanding the risk of recidivism in the attachment order and affecting the conclusion of the judgment.

2. Determination

A. As for the sentencing factors favorable to the defendant in part of the defendant's case, the fact that the defendant shows the appearance of realizing and opposing his mistake as his own name, the defendant has no record of being punished by imprisonment or imprisonment without prison labor in addition to a fine, and there is no record of being punished by a sex crime.

On the other hand, each of the crimes of this case committed against the defendant is committed by the defendant who intrudes the victim's residence over several occasions against the elderly victim and commits rape. In light of the method, circumstance, and risk of the crime, the crime is very poor. Furthermore, the defendant committed each of the crimes of this case against the victim who was unsatisfyed by the defendant, such as providing daily distance and his residence, and the victim seems to have suffered from extreme mental pain due to each of the crimes of this case, and eventually, the victim's family members want to commit severe punishment against the defendant.

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