(영문) 광주고등법원 2017.05.18 2017노56 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주고등법원 2017.05.18 2017노56

준강간등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment that found the Defendant guilty and dismissed the prosecutor’s request regarding the case claiming the attachment order.

A prosecutor did not appeal the part regarding the request for attachment order, and the defendant and the person to whom the attachment order was requested (hereinafter “defendants”) do not have any interest in appeal as to this part. Thus, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part concerning the request for attachment order shall be excluded from the scope of the trial of this court.

2. The defendant and the prosecutor asserts that the judgment of the court below as to the unfair sentencing of both parties is too heavy or unhutiled and unfair.

In a case where there is no change in the sentencing conditions compared with the original judgment, and the sentencing of the original judgment does not deviate from the reasonable scope of discretion, it is necessary to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, the Defendant exceeded the reasonable scope of discretion by comprehensively taking account of the following circumstances: (a) the victims of the crime of quasi-rape and larceny disadvantageous to the Defendant, including the fact that the victims of the crime of quasi-rape and larceny, are not wanting to use the Defendant and punish the victims; and (b) the Defendant seems to have caused the instant crime by contingency, including the circumstances favorable to the Defendant, and the fact that the Defendant seems to have caused the instant crime.

shall not be deemed to exist.

All the arguments of the defendant and the prosecutor that the sentencing of the court below is unfair are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed as all are without merit.

참조조문

-전자장치 부착 등에 관한 법률 제9조 제8항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-광주고등법원 2021.02.04 2020노408

-광주고등법원 2017.11.23 2017노324

-부산고등법원 (창원) 2021.02.03 2020노269

-광주고등법원 2017.03.30 2016노521

-광주고등법원 2018.03.15 2017노554