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(영문) 부산고등법원 (창원) 2016.12.14 2016노315

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing a prosecutor’s request regarding a prosecuted case and a request for attachment order.

In this regard, only the defendant appealed for this case, since there is no benefit in appeal with respect to the request for attachment order, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the request for attachment order among the judgment of the court below is excluded from the scope of the trial of this court, and only the defendant case falls under the scope

2. Summary of grounds for appeal;

A. A. The Defendant is under the influence of the Defendant at the time of each of the instant crimes, and thus, he/she should be mitigated from punishment.

B. The sentence imposed by the lower court on the Defendant (eight years of imprisonment and 80 hours of order to complete a program) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and investigated by the lower court, the fact that the Defendant was under the influence of alcohol at the time of each of the instant crimes is recognized.

However, the following circumstances acknowledged by the evidence are as follows: (a) at the time of the first crime of this case, the defendant requested the victim's sexual intercourse with the victim's body at the time of refusal and confirmed the victim's cell phone identity and asked the victim not to report his contact information, and (b) after the first crime of this case, the defendant committed the second crime; (c) after the first crime of this case, the defendant made a sexual relation with the first sexual relation at an investigative agency; (d) a sexual relation with the first sexual relation; (e) a sexual relation with the first sexual relation; and (e) a sexual relation upon the request of the victim; and (e) a victim's sexual relation with the second sexual relation with the second sex relation, and (e) a statement is made with a detailed memory.