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(영문) 부산고등법원 (창원) 2014.07.09 2014노119

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the Defendant and the respondent for the attachment order (hereinafter “Defendant”) by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The above sentence imposed by the lower court on the ground that it is too uneasible and unfair. 2) The lower court’s dismissal of the request for an attachment order is unjust, since the Defendant’s dismissal of the attachment order is recognized as a risk

2. Determination

A. The part of the defendant's case: The crime of this case acknowledged by evidence, evidence law, and legal principles as to the assertion of unfair sentencing by both parties is deemed to have stolen the victim's age living on the other floors of the apartment prior to this case, and it is acknowledged that the defendant had opened the door door door door door of the victim who did not unlocked at the time of the crime and carried out similar rape against the victim who broken on the side in diving, and it is not good to commit the crime. The crime of this case seems to have been subject to physical and mental shock that the victim could have been unable to recover (the victim is a woman living together with his father and his wife, moving to a large place after this case, and it seems difficult to do so). Furthermore, the crime of this case is acknowledged to have an objective and neutral element of sentencing, such as the fact that the victim's physical and mental shock is likely to seriously impede the formation of a sound sexual values by the victim in the future by committing the crime of this case.

However, it is more favorable to sentencing factors or neutral, such as the fact that the defendant has committed a crime since the investigative agency, that the victim does not want to be punished against the defendant, that there is no past record of having been punished by sexual assault crime or imprisonment with prison labor or more than suspended execution, and that there is a situation where the mother of the 3rd degree of brain disease is supporting the mixed.