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(영문) 대구고등법원 2016.08.11 2016노264
성폭력범죄의처벌등에관한특례법위반(절도강간)
Text

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”) (three years of imprisonment”) is too unreasonable.

2) On the part of the case for which an attachment order is applied, a defendant has the habit of sexual assault or has the risk of repeating a crime.

However, the court below's order the defendant to attach an electronic tracking device for a period of 10 years is unlawful.

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

The prosecutor argued that the failure to order the defendant to attend sexual assault treatment lectures is illegal, but the above action was found to be erroneous on the date of the first trial of the trial of the first instance, and it was found that the failure to order the defendant to attend sexual assault treatment lectures was found to be unlawful.

2. Determination

A. The instant crime of determining the illegality of sentencing is a case where the Defendant invadedd the victim’s residence at night and stolen the cash, and attempted to rape the victim, and such crime is very serious in light of the method of crime, etc.

In 2010, the Defendant was sentenced to criminal punishment for the same type of crime, and committed a repeated crime without being able to do so during the period of repeated crime.

The victim was under significant shock and mental counseling due to the instant crime committed in his/her own residence, and it appears that he/she thought that he/she had to take care of the defendant again, but he/she did not receive a letter from the victim, even though he/she had to take care of the defendant again.

On the other hand, the Defendant committed the instant crime against the Defendant’s mistake.

The amount of theft by the defendant is small, and any violence was not exercised against the victim during the course of the crime.

The crime of rape was also attempted.

In full view of all circumstances, including these various circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence of each of the instant crimes, and the circumstances after the crime.

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