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(영문) 서울고등법원 2014.08.22 2014노894

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment of the court below is reversed.

As to the crime No. 1 in the judgment of the defendant, the crime No. 2 through No. 4 in the judgment of the court shall be sentenced to one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case) The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”)

(2) At the time of the instant crime, the lower court’s sentence of unreasonable sentencing was too unreasonable and unfair. (2) At the time of the instant crime, the lower court’s punishment was too unreasonable.

B. In the part of the attachment order case, the attachment period of the location tracking device sentenced by the court below is too long and unfair.

2. Determination

A. 1) The judgment on the part of the defendant's case was also argued to the same purport in the court below. The court below rejected the above argument by giving detailed explanation on the argument of the defendant and its judgment under the title of the "Determination on the argument of the defendant and his defense counsel". The judgment of the court below is justified if the judgment of the court below is compared with the evidence legitimately adopted and examined by the court below. Therefore, the above argument of the defendant is without merit. 2) The crime of this case on the argument of unfair sentencing is a case where the defendant repeatedly intrudes on another's house into the new wall and repeatedly intrudes on another's body and commits an indecent act, or steals money and valuables. The defendant is a case where the defendant committed an indecent act, or stolen money and valuables, even though he had been sentenced several times to criminal punishment on the part of another's house at night or on the new wall, he did not control the woman's body, but rather, he did not plenary desire, and he did not suffer considerable sexual humiliation from the victim's sexual humiliation and fear.

The degree of injury suffered by the victim H is not much serious;