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(영문) 서울고등법원 2018.05.31 2018노904

성폭력범죄의처벌등에관한특례법위반(주거침입준강간)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of three years and the completion of the sexual assault treatment program 40 hours) is too large and the determination of the sentence is unreasonable.

2. The judgment of the court of appeal continues to submit the rebuttals to the appellate court several times, and the mother of the defendant's mother wants the defendant's wife by submitting a written application for coal to this court.

In addition, since new data on sentencing have not been submitted in the appellate court, the conditions of sentencing in the appellate court did not vary separately from those of the lower court.

The defendant has already been sentenced to six years of imprisonment for a sexual crime and has not yet passed since the execution of the sentence was completed, and the defendant has again committed a violation of the Act on Special Cases concerning the Punishment of Sexual Crimes, etc. (Intrusion into Residence) before three years have passed since he/she was sentenced to imprisonment for another crime after the execution of the sentence was completed.

The statutory penalty of the crime in the judgment is five or more years of imprisonment for life or imprisonment.

In the court below, the defendant was sentenced to imprisonment with prison labor for more than 2 years and 6 months and more than 3 years for more than 2 years and 6 months, which is the lower limit of the applicable punishment, after selecting the imprisonment with prison labor among them, taking into account the victim's non-guilty punishment into account.

Taking into account all the sentencing factors revealed in the public trial including these circumstances, the sentence of the court below is too heavy to the extent that the court’s reasonable discretion exceeds the court’s reasonable discretion.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

3. The defendant's appeal is without merit, and it is so dismissed as per Disposition.