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(영문) 부산고등법원 (창원) 2013.12.13 2013노329

성폭력범죄의처벌및피해자보호등에관한법률위반(특수강간등)등

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The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (five years of imprisonment) shall be too unreasonable;

2. The judgment of the defendant seems to have an attitude against his own will to recognize the crime of this case, the property taken by force is relatively little, and at the time of committing the crime of this case, the defendant had no record of punishment before 20 years of age. After committing the crime of this case, the defendant was living without committing any special crime other than a fine of KRW 500,000 as a crime of the Military Service Act in 2008. After committing the crime of this case, the defendant's matrimonial engagement and family members clearly appear to have a social relation, such as where the defendant's family members want the defendant's wife's wife. (However, the part where the defendant's matrimonial engagement paid consolation money with the victim's wife as the victim's deposit is not a deposit against the victim, but the victim's side clearly expresses his intention to refuse to receive the above deposit money, and thus it is difficult to take this into account as favorable sentencing factors. However, the defendant threatened the victim with a deadly weapon for industrial use, and rape the victim's property and suffered physical damage from the defendant's injury.

Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit.