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(영문) 부산고등법원 2014.08.28 2014노371
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the punishment imposed by the lower court (eight years of imprisonment, 120 hours of completing sexual assault treatment programs, and 8 years of disclosure and notification) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Examining the various sentencing conditions in the instant case, the Defendant was drinkingly aware of the victim’s face, etc., and furthermore, even if the victim had already lost his mind as an assault by the Defendant, the victim was sexually ill, and was sexually ill. In light of the content of the instant crime and the risk and scarcity, etc. of the method of crime, the crime is very heavy and bad, and the victim appears to have suffered from physical and mental distress and shock, despite the fact that the crime in this case appears to have been committed. Nevertheless, the Defendant did not receive a letter from the victim even up to the trial, and the Defendant was under juvenile protective disposition nine times or more due to theft, violence, etc. from around 207, and the crime in this case was committed on August 31, 2012, the Defendant committed a temporary release from the juvenile reformatory on the following day to the juvenile reformatory on December 31, 2013.

On the other hand, there is no history of committing sexual crimes of the same kind, and there is a situation favorable to the defendant, such as the fact that the defendant has committed sexual crimes of the same kind, and that the defendant seems to have been able to edification and improve in the future with the age of majority.

As such, the sentence of imprisonment with prison labor for not more than 8 years and not more than 13 years set forth in the sentencing guidelines, which is disadvantageous or favorable to the defendant, and the character and conduct of the defendant.

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