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(영문) 서울고등법원 2013.07.25 2013노1504

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (six years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the Defendant led to the confession and reflect of all the instant crimes; (b) the Defendant did not have any criminal record of the same sex offense; and (c) the victims did not want the punishment by mutual consent with the victims of each instant crimes.

However, the crime of special robbery and rape committed by the defendant by intrusion upon the victim's residence and threatening the victim's knife and knife his knife and knife his knife the victim's knife and knife his card password, and the victim knew of his knife and reported it to the police. The crime of special robbery under Article 3 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is very poor. The statutory punishment of special robbery is death, life or imprisonment with prison labor or imprisonment with prison labor for not less than 10 years, and the court below sentenced the defendant to reduced the amount of imprisonment with prison labor for not less than six years. The victim who experienced the same case within the house and experienced the victim's age, and the defendant seems to have suffered considerable mental shock and fear of committing the crime, and it seems that there is no possibility of intrusion upon the victim's home and the victim's self-defense of the crime.