(영문) 부산고등법원 2014.12.24 2014노625 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2014.12.24 2014노625

강간치상등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the lower court’s punishment (limited to three years of imprisonment, five years of suspended execution, 120 hours of taking sexual assault treatment courses, confiscation) is too uneasible and unfair.

B. The court below's failure to issue an order to disclose or notify personal information to the defendant, although there are no special circumstances to prevent the defendant from disclosing or notifying personal information against the improper defendant that was exempted from disclosure or notification order.

2. Determination

A. Each of the instant crimes on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, in light of the background and method of the instant crime, frequency, relationship with the victim, etc., and the fact that each of the instant crimes appears to have suffered considerable mental or physical pain due to each of the instant crimes, etc., that the Defendant intrudes on the victim’s residence, which had been drafted for a long time from January 2014 to June 2014, and inflicted several assaults, and that the victim was raped on three occasions, and that one of them was inflicted bodily injury.

However, in full view of various sentencing conditions, including the defendant's age, character and behavior, environment, circumstances after the crime, etc., and the recommended sentencing guidelines of the Sentencing Commission, it is not recognized that the sentence of the court below is unfair because it is too unreasonable, in full view of the following factors: (a) the defendant committed each crime of this case while the defendant committed each of the crimes of this case; (b) it appears that his mistake was divided in depth; (c) the victim was collected by the victim; (d) the victim was not injured; (e) the victim was the victim by mutual consent with the victim; (e) the defendant was the victim’s prior location; (e) there was no criminal history; (e) there was sufficient possibility of edification and improvement as university students; (e) the defendant has a family ties relationship; and (e) the defendant is clear; and

Therefore, this part of the prosecutor's argument is justified.

유사 판례

-부산고등법원 2014.09.24 2014노368

-부산고등법원 2015.02.10 2014노741

-부산고등법원 2015.01.14 2014노695

-부산고등법원 2014.07.09 2014노215

-부산고등법원 2014.09.24 2014노398