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(영문) 부산고등법원 (창원) 2015.04.22 2014노414
준강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court (a two-year imprisonment and a three-year suspension of execution of imprisonment, and an order to attend a sexual assault treatment course of 40 hours) is too unfford and unreasonable.

2. Determination is recognized as a favorable sentencing factor or objective and neutral sentencing factor such as the fact that the defendant led to the confession of the crime and reflects the mistake, the fact that the victim who was in the relationship of a man makes a false statement by male letter appears to have used violence against the victim, the fact that the victim and the public prosecution were smoothly agreed to the victim immediately before the prosecution was instituted, and the defendant had no criminal record in addition to two criminal records which were punished by a relatively minor fine, in addition to those which had been punished by a relatively minor fine.

However, each of the crimes of this case recognized by evidence, evidence law, and legal principles is not good for the crime to be committed several cases of rapes or similar rapes in a situation where the victim has been unable to resist due to multiple instances, including the 2 cages after the defendant committed assaulting the victim continuously or repeatedly. Each of the crimes of this case appears to have occurred due to each of the crimes of this case. The victim's injury suffered by the defendant was several places and relatively heavy, and there are insufficient materials to be considered to have been completely cured. The victim is in a difficult economic situation to the extent that it is difficult to pay medical expenses with the support of crisis family, and the details of the medical expenses paid by the defendant cannot be known, and there is also an unfavorable sentencing factor or objective and neutral sentencing factor.

The above sentencing factors and sentencing guidelines, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive and background leading to each of the crimes of this case, the means and consequence of the crime, circumstances after the crime, etc., as mentioned above, are various circumstances revealed in pleadings, and the crime of quasi-rape with the highest statutory penalty among the crimes of this case is more than three years.

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