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(영문) 부산고등법원 (창원) 2013.05.15 2012노326

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

§ 1.,

2. All the judgment of the court of first instance is reversed.

A defendant shall be punished by imprisonment for 13 years.

A 1,000,000 1,000 square meters of a seized leather.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order to whom the first instance judgment (mental disorder and unreasonable sentencing) was related to the first instance judgment (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”) were in a state of mental disorder by drinking alcohol and taking drugs excessively at the time, but the first instance court neglected it.

B) The punishment sentenced by the first instance court (one-year imprisonment, etc.) is too unreasonable. 2) On 2.1, the Defendant: (a) related to the first instance judgment (the fact-finding and unreasonable sentencing) ; (b) the Defendant committed a crime against the said victim due to the teachers by the wifeJ of the victim I, and thus, the first instance judgment is unfair. (b) The imprisonment (one-year imprisonment) sentenced by the first instance court is too unreasonable.

B. The sentence imposed by the first instance court of the first instance on the prosecutor 1. The sentence is too unfasible and unreasonable.

2. Determination

A. Of the judgment of the first instance, the part of the judgment of the first instance, and the part of the judgment of the second instance, as to the judgment of the second instance, 1) ex officio, the court decided to hold concurrent trials with each of the appeals cases against the judgment of the first instance. Among the judgment of the first instance as to the defendant, the crimes of the first instance and the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the first instance and the judgment of the second instance cannot be maintained as they are. (2) Even though the above grounds for ex officio reversal of judgment as to the grounds for appeal exist, the determination of facts and arguments of the defendant are still subject to the judgment of the first instance court, 1. As to the defendant's mental and physical disorder (the judgment of the first instance), each of the crimes committed in this case recognized by the result of mental appraisal of the defendant and records, how the defendant's act or ability of each of the defendant was committed.

(b) the State or a local government-invested institution.