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(영문) 대구고등법원 2013.10.02 2013노327
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
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 becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is difficult to avoid criticism in that the victim’s peace in the private sector was broken and sucks were seriously shocked by committing an indecent act by taking the door of the room where the victim was sucked by the Defendant’s sucks into the room where the victim was sucked.

In addition, the fact that the victim is strongly avoiding the intention of punishment against the defendant and refusing to reach an agreement is also an element of sentencing disadvantageous to the defendant.

On the other hand, the defendant graduated from university on February 2, 2013 and lived faithfully before the crime of this case with an early old age who became a member of a pharmaceutical company without any criminal history prior to the crime of this case, and the social relationship between home and workplace, etc. is clear. On the day of the crime of this case, the defendant has been holding a workshop with the company's club fees and port on the day of the crime of this case. The victim's room, which the victim was frighted by drinking during a meeting, went back to the hold, without discovering and self-helping the victim, led to the crime of this case. The defendant's accompanying company can return to the defendant if the defendant is released, and therefore, it is likely that the defendant can continue his work life again through treatment within society. Although the court below denied the crime of this case, there are justifiable reasons such as the fact that all the facts of the crime are satisfy and against the fact of the crime.

In full view of the above various sentencing factors and the defendant's age, character and conduct, environment, background of the crime, method of crime, circumstances before and after the crime, possibility of the defendant's work return, etc., the court below's punishment against the defendant is considered to be unfair because it is too unreasonable.

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