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(영문) 부산고등법원 2016.06.01 2016노117

강간등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court’s sentence against the Defendant on the summary of the grounds for appeal (three years of imprisonment, etc.) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant committed the instant crime when it comes to the trial; (b) the Defendant recognized all the instant crime; (c) deposited KRW 3 million for the victim in the trial; (d) the Defendant deposited money for the victim in the trial; (c) the Defendant has no record of committing any specific crime other than the previous offense of a fine on one occasion; and and

However, the crime of this case is committed by threatening or assaulting a victim with dangerous things, such as excessive, virtual, and bar clothes, when the defendant detained the victim living together, thereby causing injury to the victim who is in need of medical treatment for about three weeks. The crime of this case is committed by force after photographing the victim's body pictures against the victim's will, and the nature of the crime is very poor. The crime of this case is committed by force. Even under the investigation into this case, even when the victim was under investigation, the victim made the victim feel a serious apprehension. Although the victim did not deny the crime of this case until the court below committed the crime of this case and did not make efforts to recover from damage, even if the victim did not receive a written statement from the victim until now, the defendant was sentenced to a fine on one occasion prior to the crime of this case, and the defendant's age, family relation, and other unfair circumstances after the crime of this case cannot be considered in comprehensive consideration of various circumstances after sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.