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(영문) 서울고등법원 2013.09.27 2013노2257

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for fifteen years.

A seized knife knife.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below (13 years of imprisonment) against the defendant and the person who requested to attach an attachment order (hereinafter referred to as the "defendant") is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. There are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects on the depth of each of the crimes of this case, that the defendant did not have a criminal record prior to each of the crimes of this case, that the victim K does not want the punishment against the defendant, that the father and the mother of the defendant want the punishment against the defendant, and that the father and the mother of the defendant want to take the action against the defendant, etc.

On the other hand, the crime of this case was committed against many unspecified victims who are living alone for a period of time in which the defendant was living alone, with a weapon four times, and took property by force, prevented sexual assault, and committed robbery by force until ten times, and committed an additional theft by force, such as an attempted robbery carrying with a deadly weapon, and a cash card, etc., which led to an additional crime. The crime of this case was committed by the defendant. The defendant tried to rape with the victims by using the Scar tape and knife for the two victims, with extreme sexual humiliation and fears of sexual humiliation and fears of the victims, and most of the victims who suffered robbery and sexual assault were suffering from serious mental and physical pain until now, and it appears that it was not easy for the defendant to recover from the robbery, and it was also difficult to do so, and the defendant did not commit the crime of this case.