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(영문) 부산고등법원 2018.01.18 2017노599
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (such as three years of imprisonment) is too unlimited and unfair.

2. We examine the judgment, the circumstances favorable to the defendant, which were shown in the trial proceedings of the court below and the court below (the defendant, since the investigation agency, to the trial court of the court below, led to the confession of all of the crimes of this case, and his mistake is divided in depth.

The facts stated by the court below, the defendant's primary crime without any previous conviction prior to each of the crimes of this case, and the circumstances unfavorable to the defendant (each of the crimes of this case committed by the defendant seems to be clear that the crime of this case is committed by the defendant) and the circumstances unfavorable to the defendant (the crime of this case committed by the defendant is committed by the defendant, as stated in paragraph 1 of the criminal facts in the decision of the court below, and the victim's body is quasi-raped and taken by his own smartphone as stated in paragraph 2 of the above criminal facts in the judgment of the court below, and the crime is serious in light of the criminal facts of this case, its contents, means, methods, and results, etc., and it seems that the victim suffered mental shock and sexual humiliation due to each of the crimes of this case committed by the defendant, and it seems difficult to recover from such pain easily, notwithstanding the need for agreement with the victim or recovery from damage, so it cannot be seen that the defendant did not receive any unfair punishment including the defendant's use of damage, etc.).

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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