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(영문) 부산고등법원 (창원) 2016.02.03 2015노400
강간
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (one year and six months of imprisonment, two years of suspended execution, 40 hours of community service, and 40 hours of sexual assault treatment lectures) is too uneasy and unreasonable.

2. The fact that the Defendant appears to have suffered a considerable sense of sexual humiliation due to the instant crime is disadvantageous to the Defendant.

On the other hand, since the commencement of the investigation, the defendant recognized the crime of this case and seriously reflects his mistake, the crime of this case appears to have been committed by the defendant by drinking alcohol (not to be judged to have reached the degree of mental disorder). There is no criminal history against the defendant, and the fact that adult victims agreed to the free will of the defendant is favorable to the defendant.

In light of such circumstances, the lower court’s sentence, including community service and sexual assault treatment lectures, is justifiable, and the lower court’s sentence is too unjustifiable and unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, intelligence and environment, motive and background leading to each of the instant crimes, motive and circumstance leading to the instant crimes, means and consequence of the instant crimes, and circumstances after the commission of the crime.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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