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(영문) 광주고등법원 (제주) 2015.08.12 2015노46

강간등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of four years and six months.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence of the lower court (three years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable. 2) The lower court ordered the Defendant to disclose and notify the information about the Defendant for four years, but the lower court’s order is unreasonable in light of the fact that there is a very significant disadvantage that the Defendant will suffer, despite the low risk of recidivism.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Among the crimes of this case on the assertion of unfair sentencing, the judgment of the court below on the crime of this case on the crime of rape by threatening the victim playing at the defendant's house, and further, the process of rape was taken by motion pictures, and the nature of the crime is very bad. The victim appears to have received a serious physical and mental impulse due to the crime of this case. In addition to the crime of rape, the defendant committed each of the crimes of this case against multiple women, such as repeatedly sending letters causing uneasiness to other women or transmitting obscene motion pictures, etc., the defendant has a history of having been punished twice as a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity of communication media), and the victims are severe punishment against the defendant.

On the other hand, it is favorable to the defendant that the defendant recognized the crime of this case and appeared to reflect.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, method and consequence of the offense, and the scope of recommended sentencing guidelines (this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case