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(영문) 대구고등법원 2016.12.01 2016노481

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below's scope of trial was convicted on the part of the defendant's case against the defendant, and dismissed the prosecutor's request regarding the part of the case of probation order claim, and there is no interest in appeal concerning the part of the case of probation order claim.

Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the request for probation order is excluded from the scope of this court's trial. Therefore, the scope of this court's trial is limited to the part of the

2. The summary of the grounds for appeal (eight years of imprisonment) by the lower court is too unreasonable.

3. The Defendant, who made a confession of a crime, reflects his mistake, deposited five million won for the victim, and is not subject to criminal punishment exceeding the fine.

However, the crime of this case is serious in light of the contents of the crime, methods, risks, etc. of the crime, where the defendant committed violence against the victim who was in internal relations, thereby causing bodily injury, such as scarf, scarf, scarf, etc., and tried to commit rape after suppressing felf from the resistance. The victim's body was taken with cell phone, and the victim's knife was assaulted and felged with the victim's chest, and the victim's knife was threatened with the victim's chest, and the victim was threatened with the victim's knife and knife with the victim's chest, and the victim was threatened with the victim's chest.

The defendant, even though there is a father-and-child with family, has been constantly bullyinging the victim who wants to hedging, demanding the male to meet, and the degree of it has been gradually serious, and the victim's chest is knife with the victim's chest and threatened the victim's father with harm to his or her father.

The victim suffers from severe mental and physical pain which cannot be said to be achieved due to the defendant's crime, and sexual humiliation is made.