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(영문) 부산고등법원 2015.10.21 2015노323

강간등

Text

The judgment below

The part of the defendant's case and the case of the attachment order shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order and the respondent for a medical treatment order; 1) The Defendant and the respondent for an attachment order and the respondent for a medical treatment order (hereinafter referred to as “Defendant”) are the defendants of unreasonable sentencing and the respondent

2) It is unreasonable that the lower court’s order to attach an electronic tracking device to the Defendant for a period of 10 years is too unreasonable that the sentence of the lower court (one year of imprisonment, etc.) is too unreasonable.

B. Although the Defendant had a sexual intercourse, and was subject to sexual impulse medication because of the high risk of recidivism, the lower court dismissed the request for a medical treatment order by erroneous determination as to the risk of recidivism of sexual crimes and the necessity of the order for pharmacologic treatment.

2. The crime of this case in the part of the defendant case committed each of the crimes of this case, with the victim C, who had a chance to board a taxi, had the defendant drinked with the victim C, had the victim exempted from the number, and had the victim drinkd with the house of the above victim three times, and had the victim taken pictures of her body pictures and rape, and taken the victim F and H body body of the victim under the influence of alcohol at the defendant's house. The crime of this case was committed in light of the purpose and motive of the crime, the contents of the crime, the method of the crime, and the frequency of the crime, etc., and the victim appeared to have suffered considerable mental shock due to each of the crimes of this case. In particular, the victim C seems to have suffered a sense of sexual humiliation, and there is an unfavorable condition to the defendant.

However, it appears that the defendant led to the confession of each of the crimes of this case, and that the defendant did not want to punish the defendant, and that the defendant did not have any circumstance that he leaked the victim's pictures or videos to the Internet or other people, and each of the crimes of this case is committed against the defendant.