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(영문) 서울고등법원 2017.07.11 2017노1428
성폭력범죄의처벌등에관한특례법위반(절도강간)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s sentence imposed by the lower court on the Defendant (a prison term of five years and forty hours and orders to complete sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant is too unfasible and unfair.

2) It is unreasonable for the lower court to have exempted the Defendant from the disclosure and notification order of personal information.

2. Determination

A. The Defendant and the prosecutor’s each of the charges of larcenyd at night and attempted special larceny at night in the night, and committed the larceny after intrusion upon residence in addition thereto. In particular, around October 10, 2012, the Defendant invadedd the victim G (the age of 17 at the time)’s residence and abused the said victim’s cell phone in order to prevent the said victim from reporting the said damage.

If the risk of the method of crime, the danger of the similar crime repeated, and the rape of the victim who has been in urgent age, it is very poor to commit the crime and the circumstances.

Furthermore, in the case of the crime of larceny violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape) against the victim G, the result of the crime is serious, and the victim seems to have suffered a big physical and mental shock and suffering, as well as a considerable sense of sexual humiliation, at the residence to be the most safe place.

Such circumstances are disadvantageous to the defendant.

However, there is no agreement between the defendant and the victim G of the robbery, and the victim K of the attempted special larceny, which led to the confession of all of the crimes in this case, the victim D of the larceny at night, the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape) and the robbery.

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