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(영문) 부산고등법원 2016.04.20 2016노113

성폭력범죄의처벌등에관한특례법위반(강간등상해)등

Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for seven years.

Sheeted Pipe (Evidence....)

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (nine years of imprisonment, etc.) against the criminal defendant and the person who requested the attachment order (hereinafter “ criminal defendant”) is too unreasonable.

B. The lower court’s improper issuance of an attachment order to the Defendant for a location tracking device between 10 years and 10 years is too unfair.

2. Determination

A. The crime of this case in part of the defendant committed the crime of this case was committed by assaulting the victim who was on the way of the defendant with a pipe to suppress his resistance, leading the victim to his body and sexual intercourse, causing bodily injury to the victim for about 30 days in need of treatment, such as thale and thale, which require treatment between 30 days and 21 days, and the nature of the crime is very bad. The crime of this case is deemed to have been committed, and the victim is likely to have been suffering from extreme fear and sexual humiliation. The victim was serious injury; the defendant was sentenced to five years in prison due to the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. of Sexual Crimes (Rape, etc.) in around 206, and the execution of the above punishment was completed in around 201, and thus, again committed the crime of this case more than 4 years in consideration of the circumstances that the defendant recognized the crime of this case against the victim and the victim's wishes to commit the crime of this case; the defendant's age and the defendant did not have agreed to commit the crime.

B. In full view of the circumstances acknowledged by the evidence in the judgment below regarding the case claiming attachment order, the court below has a tendency to commit sexual crimes against the Defendant.