beta
(영문) 서울고등법원 2013.10.10 2013노2352

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

Seized evidence of subparagraphs 1 through 6, 11.

Reasons

1. In light of the gist of the grounds for appeal (justifiable assertion) and the fact that the instant crime was committed and the recovery of damage was not performed, the lower court’s imprisonment with labor for a period of 14 years is deemed unreasonable.

2. The judgment of the court below: (a) the defendant invaded upon his residence by threatening the victim with a deadly weapon; (b) the method of committing the crime is very dangerous; (c) the fear that the victim was suffering from fear of sexual humiliation and sexual humiliation; (d) the victims of rape want to punish the defendant; (b) the defendant was sentenced 2 years and 6 months to have been sentenced to imprisonment; and (c) the defendant committed the crime of this case during the repeated period even though he had been sentenced to 8 months of imprisonment with prison labor due to larceny, etc., despite the fact that he committed the crime of this case, even though he had been sentenced to 8 months of imprisonment with prison labor due to larceny, etc., the defendant committed the crime of this case during the repeated period; (d) some larceny victims were forced to return or return property to the victim; and (e) the victim’s fear and sense of sexual humiliation appears to have been considerable; and (e) the court below’s decision to enact guidelines for sentencing and its recommendations based on the sentencing of this case, including the following factors.

However, any stolen property seized, the reason for return of which to the victim is obvious, must be sentenced to a return to the victim by judgment (Article 333(1) of the Criminal Procedure Act). According to the evidence duly adopted and investigated by the court below, subparagraphs 1 through 6, and 11 through 13 of the evidence, which was confiscated by the investigative agency, is obvious, and the court below is the court below.