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(영문) 부산고등법원 2014.09.24 2014노382
성폭력범죄의처벌및피해자보호등에관한법률위반(강간등치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) were in a state of mental disorder or mental disorder due to drinking at the time of the instant crime.

B. The lower court’s imprisonment (seven years of imprisonment) on the part of the Defendant’s case on unreasonable sentencing is too unreasonable.

2. Part of the defendant's case

A. It is recognized that the Defendant, at the time of the instant crime, dysnating alcohol at a certain point in determining the assertion of mental disorder.

However, in full view of the following: (a) the Defendant intruded the victim’s house by deceiving the victim to the effect that “the victim was seriously ill; (b) then, by injecting the victim with the inside of the victim; (c) attempted to rape the victim; (d) the victim resisted knife, knife, knife, and knife knife; and (d) the victim’s knife knife, knife, knife the knife in the process of dialogue with the victim; and (c) the Defendant seems to have no particular problem in the course of communicating with the victim, including the time of the instant crime; (d) the background and method leading up to the crime; and (e) the Defendant’s specific speech and behavior confirmed by the victim’s statement at the time of the instant crime; and (e) the Defendant, at the time of the instant crime

not appear to have been or had been in a state.

Therefore, this part of the defendant's argument is without merit.

B. The instant crime on the assertion of unfair sentencing is deemed to have been committed by the Defendant by intrusioning on the victim’s residence, and attempted to commit rape after having charged the victim’s face, a female juvenile under 12 years of age, with the excessive amount of resistance, and attempted to commit rape. In light of the method and method of committing the instant crime, the background and consequence of the relevant crime, and the characteristics of the victim, etc., the relevant crime is not good. The instant crime is committed by the Defendant.

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