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(영문) 대구고등법원 2018.11.15 2018노344
강간등
Text

Defendant

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

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) stated to the same effect on August 21, 2018 and August 31, 2018, on the grounds of each of the reasons for appeal, the Defendant asserted that “only sexual intercourse was conducted under the agreement with the victim at the time of the instant case, and no rape was committed;” and (b) the Defendant stated to the same effect on the date of the first trial at the trial of the first instance; (c) on the grounds of misconception or misunderstanding of the legal principles as to the purport that “the Defendant did not force the victim to pay the money after the sex relationship” and “the Defendant stated to the same effect on the date of the second trial of the first instance; (d) on October 23, 2018, the reasons for appeal of mistake or misunderstanding of the legal principles as to the above facts and the reasons for appeal were clearly withdrawn, and solely on the grounds of appeal.

The punishment sentenced by the court below (the 4 years of imprisonment, the 3,000,000 won, the disclosure and notification of personal information between 10 years, the 10 years employment restrictions between 10 years) is too unreasonable.

Taking into account the circumstances, etc. of the crime of improper rape in an attachment order, there is a risk of recommitting a sexual crime.

Although it is difficult to see that the court below ordered the defendant to install or attach an electronic tracking device for ten years.

The above sentence sentenced by the court below is unfair because it is too unhued.

Examining the various sentencing conditions in the instant case regarding the Defendant’s argument of unfair sentencing, the lower court denied the crime of rape and robbery at the lower court, and shows the attitude of all of the crimes in this case, and the background leading up to rape, the Defendant initially committed a sexual intercourse under the agreement with the victim, which led to the interruption of sexual intercourse with the other customer, while making a sexual intercourse under the agreement with the victim, and there is room to take into account the circumstances.

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