beta
(영문) 대구고등법원 2014.08.25 2014노79

유사강간등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too unfasible and unfair. 2) The lower court’s exemption from disclosure and notification of personal information to the Defendant is unreasonable.

Judgment

A. In light of the fact that the crime of this case against the assertion of unfair sentencing was committed by the Defendant, without the consent of the victim, by taking the victim’s sexual organ, etc. without the victim’s consent, and on the ground that the victim reported it, the crime of this case was not committed with a dynamic and variable sexual assault that may cause extreme sexual humiliation to the victim under the circumstances where the victim was placed in his house for about nine hours, and multiple criminal records exist against the Defendant, the Defendant’s liability cannot be deemed to be less than the Defendant’s crime.

Meanwhile, there are circumstances to consider the circumstance, such as the fact that the Defendant recognized the instant crime as a whole and has been detained for a considerable period of time while living in prison, and that the victim has agreed without any condition against the Defendant, and that the Defendant began living together with the Defendant after the Defendant was detained due to the instant crime and wants to punish the Defendant, and that the Defendant was living together with the victim in 2002, and provided financial assistance to the victim and his wife for a considerable period of time, and that the Defendant sustained the mental illness of the shock disorder prior to the instant crime, and that the Defendant sustained treatment at a mental hospital to prevent such crime.

In full view of all the circumstances, including these various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s sentence is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence is to be imposed.