logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2013.12.05 2013노489
성폭력범죄의처벌등에관한특례법위반(강간등치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was drunk at the time of committing the instant crime and was in a state of mental disability.

B. The sentence imposed by the lower court (ten years of imprisonment, 80 hours of order to receive sexual assault treatment programs, 10 years of information disclosure and notice, and confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted in the lower court’s determination as to the claim of mental retardation, namely, the Defendant was in the state of drinking alcohol prior to the instant crime, but on the other hand, the Defendant was taking the knife of the knife of the knife in the process of opening a closed window on the victim’s front door and intrusion into the victim’s residence.

In several times, after intrusion upon the victim's residence, the victim was faced with the victim, who reported the defendant's residence, threatened the victim with knife and threatened the victim with knife, raped the victim while continuing to rape, ordered the victim to be scam and "the victim was dead" after rape, and returned to his house, and returned to the victim's house. The victim's cell phone was found to find the cell phone again, and the victim's cell phone was not in contact with the victim's cell phone, but the Belgium was confirmed to sound the victim's cell phone, but the victim's cell phone was returned to the victim's house, and returned to the victim's house, and the defendant was aware of the essential part of the crime of this case, such as the victim's cell phone to find the victim's cell phone in order to find the victim's cell phone, and the defendant's act was known as the victim's mobile phone before and after this case's act was committed.

arrow