logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2017.08.09 2017노37
강간치상등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. The summary of the grounds for appeal is too unreasonable when considering the fact that the defendant recognized all of the crimes and reflected, and that the defendant agreed with the victims, etc. (the imprisonment of three years and the completion of sexual assault treatment programs for 80 hours) declared by the court below is too unreasonable.

2. The Defendant was sentenced to three-year imprisonment for a crime of special robbery in 201 and completed the execution of the sentence in Jeju Prison on February 15, 2014. Accordingly, the Defendant committed the instant crime of intrusion upon residence during the period of repeated crime.

In addition, the crime of injury resulting from rape in the instant case was committed by the Defendant on the charge of attempted rape in a danran bar in order to commit rape in the victim F (inn, the name of the victim), and the victim suffered injury that requires two-day medical treatment during that process, and the nature of the crime is very poor.

In 207, the Defendant was punished by imprisonment with prison labor, a fine, etc. for two years and six months, and a suspended sentence for three years. In addition, the Defendant was punished by imprisonment with prison labor, a fine, etc.

However, it appears that the defendant recognized all of the crimes of this case in the appellate court, and it appears that the victim of the crime of intrusion upon residence was against the victim during the investigation process, and agreed with the victim of the crime of bodily injury resulting from rape and the victim did not want the punishment of the defendant. In full view of the fact that the crime of rape was committed by attempted crimes, and other factors such as the defendant's age, sexual conduct, environment, motive leading to the crime of this case, circumstances before and after the crime, etc., the court below's punishment is recognized as unfair because it is unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for the new judgment] Criminal facts and summary of the evidence recognized by the court and summary of the evidence are "the defendant's own trial testimony" in the column of the evidence.

arrow