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(영문) 부산고등법원 2015.12.03 2015노491

강간

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.

B. The sentence imposed by the Prosecutor is so unfased that it is unfair, and must also be sentenced to an order to disclose or notify personal information.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant rapes the victim who had worked as part-time student at his own shop, and the nature of the crime is serious, the victim suffered a considerable physical or mental suffering, and thereby was mentally ill-treated, and the defendant had sexual intercourse under the agreement up to the court below, and the victim claimed that he had sexual intercourses with the investigative agency several times, and suffered secondary damage that the defendant should go to the court below and give testimony.

On the other hand, the fact that the defendant has been recognized as all of the crimes when he was in the trial, that the defendant paid 25 million won to the victim in the trial, and that the victim does not want the punishment of the defendant when he reached an agreement, that the defendant is the first offender with no criminal history, that the defendant has a family member of the defendant, such as three children in the age, etc., in favor of the defendant.

As above, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., which are unfavorable or favorable to the defendant. The defendant is detained together with the judgment of the court below and has the time of reflect for about four months, and the defendant has the time of reflectiveness in the sentencing guidelines (one year and six months to three years), considering the changed circumstances in the trial, even if the defendant is imposed within the scope of recommended sentencing guidelines (as seen below, one year and six months to three years), which takes into account community service order, sexual assault therapy, and the suspension of execution of imprisonment, which is imposed on the defendant.