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(영문) 부산고등법원 2013.11.28 2013노501
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the lower court (two years and six months of imprisonment, three years of suspended execution, 40 hours of an order to attend sexual assault treatment courses, the disclosure of information and three years of notification) is deemed too uneasy and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of the instant case was committed by breaking the victim’s house toilet window at the night, and by intrusion and committing an indecent act against the victim, and is disadvantageous to the Defendant, such as the nature of the crime is bad, and the agreement with the victim was not reached.

However, in full view of the following facts: (a) the Defendant was a primary offender with no criminal history; (b) the exercise of tangible force in indecent acts by compulsion is considerably weak and the degree of indecent act is not much serious; and (c) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and family relationship, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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