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(영문) 서울고등법원 2020.04.24 2019노2557

성폭력범죄의처벌등에관한특례법위반(특수강도강간)등

Text

The judgment below

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

A defendant shall be punished by imprisonment for seven years.

The defendant shall be 40 hours.

Reasons

1. The court below rendered a judgment of conviction on the part of the defendant's case, which dismissed the prosecutor's request regarding the part of the request for probation order.

Since only the defendant appealed against this, the part of the judgment below's claim for probation order has no interest in appeal.

Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding probation order claim is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part of the

2. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

3. The instant crime was committed by the Defendant with a deadly weapon and committing robbery against the victim, and in light of the method and content of the crime, etc., the crime was very bad and may lead to dangerous results.

The victim, as a result of the instant crime, would have caused a sense of sexual humiliation along with the extreme fear.

The defendant still did not receive any tolerance from the victim in the trial of the party.

Therefore, there is a need for strict punishment corresponding to the criminal liability to the accused.

However, the Defendant is waiting to commit the instant crime.

Robbery was committed by attempted crimes, and the defendant shows the knife, which is a dangerous object, to the victim, but the knife is not used thereafter.

There is no criminal power prior to the instant case against the Defendant.

In particular, the defendant did not reach an agreement with the victim because he could not know the contact details of the victim, but he deposited money equivalent to the amount of damages with the victim in the trial.

These points are favorable to the defendant.

These circumstances and the defendant's age, character and conduct, environment, family relationship, etc.