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(영문) 서울고등법원 2013.05.09 2013노869

성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

information about the defendant for five years.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment, four years of suspended sentence, four years of probation, and four years of notice of disclosure of information) is too unhued and unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized that all the crimes of this case were committed, and the Defendant committed a mistake, and that there was no record of punishment heavier than that of the fine, and that the Defendant attempted to commit a crime of intrusion upon and rape in this case, and that the victims do not want the punishment of the Defendant by mutual consent with the victims.

However, the crime of attempted rape of this case committed by the Defendant committed rape at night in 2003 after checking the body of the victim following the victim D at night, and reporting that the house was cut back again after several hours, and attempted rape by entering the gas pipeline through the second floor toilet window.

In the case of attempted crime, there is a very interview and planned crime method, and the nature of the crime is very heavy. The crime of intrusion upon the residence of this case is the victim E, who opened the victim's house and intrudes into the house after opening the victim's house at night in 2008, and thereby makes a shower. When the victim was discovered while committing the act of self-defense, it is the case that the contents of the crime were stimulated and criminal, and it is very serious that the defendant committed the crime similar to the crime of 2008 as well as the crime of 208 as well as the crime of obscenity, and it appears that the victim had suffered a great mental shock and pain due to the crime of this case, and it appears that the victim suffered a great mental shock and pain due to the crime of this case, and in view of the defendant's age, character and behavior, motive and motive of the crime, circumstances of the crime, various circumstances and records, etc., it appears that the court below sentenced the crime of this case.