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(영문) 광주고등법원 (전주) 2018.05.29 2018노33
성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Text

The judgment below

The guilty portion of the defendant's case shall be reversed.

The defendant shall be punished by imprisonment with prison labor for a maximum of three years and six months, and a short of three years.

Reasons

1. The court below dismissed the prosecution of intimidation among the defendant's case and convicted the remainder of the crime and ordered the prosecutor's request for an attachment order to dismiss the prosecutor's order.

On this issue, only the defendant appealed.

Therefore, the scope of this court's trial is limited to the conviction of the defendant case except for the part of the judgment below's attachment order case and the dismissed part of the final prosecution.

2. The sentence of the lower court (five years of imprisonment with prison labor, four years of short term, and 80 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.

3. The Defendant taken a F’s b body photograph, taken a photograph of a dismissed body while rapeing the victim E, G, or committing similar rape, and distributed and transmitted the b body photograph taken by the victimJ to the victim by M.

In light of the fact that the victims' age, the method of crime is not good, the number of victims is multiple, and the degree of violence and injury is not easy, etc., the crime is heavy.

It is clear that the victims suffered a considerable mental and physical pain due to the instant crime.

The defendant was not aware of the police investigation due to the crime against the victim J, and committed the crime of rape, etc. against the victim E, etc.

These points are disadvantageous to the defendant.

On the other hand, the victim E, F, and G committed the instant crime in the course of checking whether the Defendant was in possession of his body and having had his body. However, there are some circumstances to take account of the circumstances leading up to the instant crime.

The defendant recognized all of the crimes of this case and repented the wrong facts.

It is a juvenile who is 16 years of age and has not yet been able to have a decentralization.

The defendant is not only a criminal punishment before the case, but also a criminal defendant who has no record of juvenile protective disposition.

The defendant is both the victims and the victims.

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