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(영문) 부산고등법원 2014.09.03 2014노337
강간상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

, however, for three years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the punishment of the court below (the three years of imprisonment, the 80 hours of completing sexual assault treatment programs, and the 5 years of disclosure and notification, respectively) is too unreasonable;

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant had sexual intercourse after suppressing the victim's resistance when several times, and that the victim was injured during that process, and that the victim seems to have suffered considerable physical or mental pain due to the crime of this case.

However, the defendant's mistake is against his depth while committing the crime of this case, the defendant seems to have been prevented from committing the crime of this case, such as that the victim, who became aware of through the hosting site, was aware of his body contact with the defendant at home after drinking the defendant's clothes. The degree of injury to the victim is relatively heavy, the defendant does not want the punishment of the defendant, the defendant did not have any record of punishment exceeding a fine, sexual crime has no record, and the defendant has no record of age, character, conduct and environment, motive, means and consequence of the crime, etc., the sentencing conditions shown in the argument of this case including age of the defendant, character and behavior and environment, the motive and consequence of the crime, the circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Committee [the sentencing range] from 2 years to 6 months, and [the decision of types] from 13/injury or injury [the decision of types]] of imprisonment without prison labor for not less than 5 years to 2 years of punishment [the affirmative punishment range of general mitigation factors]

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