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(영문) 광주고등법원 2014.07.24 2014노29

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of ten years and a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the sentence of the lower court (limited to 8 years of imprisonment, 300,000 won of fine, 10,000 won of disclosure and notification order, 15 years of attachment order) is too unreasonable.

The prosecutor (legal scenarios and unreasonable sentencing) committed a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) which is a specific violent crime in this case within three years after the execution of the punishment is terminated or exempted, and thus, the court below has to punish more than twice the short term in accordance with Article 3 of the above Act, notwithstanding the fact that the court below omitted the weight of repeated crime under Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, so it is unlawful, and it is too unreasonable.

According to the evidence adopted and examined by the court below regarding the prosecutor's assertion of the misapprehension of the legal principles, the defendant is sentenced to imprisonment with prison labor for two years and six months in the Daegu District Court's Ansan Branch, for the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof, etc., and the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof on August 22, 2003 at Seoul High Court's Seoul High Court's Seoul High Court's Seoul High Court's Seoul High Court's Maritime District Court's Maritime Court's Maritime Court's Maritime Branch Court's Maritime District Court's Maritime District Court's Maritime District Court's Maritime District Court's Maritime District Court's Maritime Crimes and the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims

Furthermore, the offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the instant crimes constitutes a specific violent crime as stipulated in Article 2 subparag. 3 of the said Act, and the Defendant, upon having been sentenced to six years of imprisonment for the said crime, completed the execution of the said punishment on June 21, 2013.