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(영문) 부산고등법원 2017.04.13 2017노79
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간)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 (nine years of imprisonment, etc.) imposed by the lower court on the Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device to the Defendant for a period of ten years is unreasonable.

2. Determination

A. The part of the case of the defendant was committed by the court below and the trial proceedings of the party (each of the crimes of this case committed by the defendant together with the defendant C, that the defendant infringed upon the victim E's residence and took a knife knife with the deadly weapon, and knife the victim's property, and that the crime was not committed for a long time, and the other victim G was not committed again, and the crime was committed again under the circumstances as stated in the judgment of the court below, and the nature of the crime was very serious in light of the crime, details, means, methods, and result, etc. of the crime, and each of the crimes committed by the defendant committed by the court below, and since each of the crimes committed by the defendant was committed with considerable sexual humiliation and mental shock, it is not necessary or sufficient measures to recover from the victim and the victim up to the present day) and various favorable circumstances (the defendant led the victim to the confession of each of the crimes of this case by each investigation agency since its criminal investigation agency to the trial.

In full view of all the sentencing conditions revealed in the court below and the trial proceedings at the court below, including the following facts: (a) the degree of property damage is not serious in the case of a special robbery; (b) the degree of injury suffered by the victim of the bodily injury, including rape, etc.; and (c) the defendant has no record of punishment for a sexual crime before the commission of each of the crimes in this case) the sentence imposed by the court below shall be imposed on the defendant.

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