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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2014.04.24 2014노94
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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 above crime and was in a state of mental disability.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the punishment imposed by the first instance court (two years and six months of imprisonment, 80 hours of completing sexual assault treatment programs, and 5 years of disclosure and notification of information) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the course and process of the above crime, the defendant's attitude and behavior before and after the crime, and the circumstances after the crime, which are acknowledged by the evidence duly adopted and investigated by the first instance court, it does not seem that the defendant under the influence of alcohol at the time of the crime at the crime at the time of the crime at issue that the defendant did not have the ability to discern things or make decisions. Thus, it is just for the first instance court to reject the defendant's claim of mental and physical disability for the same reason, and there is no error of

Therefore, the defendant's argument of mental disability is without merit.

B. Examining the various sentencing conditions in the instant case regarding the assertion of unfair sentencing, there are circumstances favorable to the Defendant, such as: (a) the Defendant appears to have been repented in depth while making a confession of all the instant crimes; (b) the victims of sexual assault by agreement with J andO, the victim of sexual assault, wanting to take the Defendant’s wife; (c) the amount of damage to the theft crime is relatively small; (d) the victims have been returned to the victims; and (e) the Defendant has no record of suspension of qualification or more punishment.

However, each of the crimes of this case committed by the defendant by intrusion into the university's female dormitory, by force of the victim'sJ, by force of indecent act, by theft of the victim's K's property, by intrusion into the victim's residence, by theft of the above victim's property, and by intrusion upon the victim's O's residence.

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