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(영문) 부산고등법원 (창원) 2013.09.06 2013노182
강간치상
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The sentence sentenced by the first instance court (one-year imprisonment, etc.) is too unreasonable and inappropriate. 2) The first instance court ordering the disclosure and notification of personal information is unreasonable.

(b)the sentence sentenced by the first instance court is too unhued and unreasonable;

2. Determination

A. As to the assertion on unfair sentencing, there are more favorable factors for sentencing, such as the defendant's recognition of his criminal act and reflects on his own name, the rape is committed, the victim's attempted rape is deposited, the victim has no record of punishment so far, the fact that he suffers from hepatitis B and urology, the fact that he suffers from her disease, and the fact that her wife and her children should support her wife and her offspring.

On the other hand, in the course of rape, the defendant assaulted the victim without any doubt, frightened the victim's head by putting the victim's head in the physical speed so that it can be hard to conceal, and imprisoned the victim's resistance, and then putting the victim's sexual organ into the victim's inner organ in his/her inner organ. The crime is very harsh because the content of the crime or the method of the crime is cruel and variable, and the crime is very poor. In this process, the victim suffered serious mental or physical suffering, such as the victim's emotional distress around the eye, and the victim's body was not used from the victim, and the victim and his/her father wanted to punish the defendant. Thus, it is also recognized that there is an unfavorable sentencing factor such as the victim's serious punishment.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in pleadings, such as the circumstances after the crime, etc., the sentence of the first instance court is deemed appropriate, and it cannot be deemed that it is too heavy or unreasonable.

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

(b) disclosure and;

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