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(영문) 부산고등법원 2014.12.18 2014노705
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal (e.g., imprisonment with prison labor and 80 hours completion of sexual assault treatment programs) presented by the court below is arguing that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Each of the instant crimes committed by the Defendant, while the Defendant was in an internal relationship with the victim, committed rape and confinement of the victim several times in response to the victim’s demand, and also threatened the victim with knife knife, which is a dangerous object in the process, in the victim’s item, and threatened the victim with the victim’s injury. In light of the circumstances of the crime, details, etc., the relevant criminal liability is very heavy, and the victim appears to have suffered considerable physical pain and mental shock due to the instant case, etc., which are disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, such as the confession of the crime of this case by the defendant, and the fact that the victim does not want the punishment of the defendant, the injury suffered by the victim is relatively minor, the defendant is a primary offender with no criminal power, the hedger from the victim was unable to maintain internal relationship with the victim by hearing the horses, and the fact that it appears that each crime of this case was committed in favor of the defendant.

In full view of the aforementioned conditions of sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive leading to the instant crime, result, circumstances after the commission of the crime, etc., as well as the scope of the recommended sentence according to the sentencing guidelines (five or more years of imprisonment), the lower court’s punishment may be sufficiently recognized as belonging to the scope of the appropriate punishment according to its liability, and is unfair or unreasonable as it is too unfeasible and too unreasonable.

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