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(영문) 대구고등법원 2020.02.20 2019노615
강간등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

When the seized Samsung Tallon ju, it is only one cell phone of S8 mobile phones.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court is too unfilled and unfair. 2) The lower court is unreasonable to exempt the Defendant from the disclosure and notification order of personal information and the employment restriction order.

2. As to the assertion of unfair sentencing by the prosecutor and the defendant, the defendant committed three-time rapes against the victim in inhuman relationship, committed two-time indecent acts, and taken several photographs or videos of the victim’s body, etc. who committed the crime or similar acts against the victim’s will.

In addition, the defendant threatened the victim with excessive personal effects, damaged clothes and cellular phones, and detained them three times.

Considering the method and frequency of the crime of this case, and the specific form of the act, such as threatening the victim to spread the sexually related dynamic images to his family or the offender, the Defendant committed an indecent act, such as cutting the victim’s conspiracy with the face, and threatening the victim to spread the sexually related images to his family or the offender, the nature of the crime and the criminal situation are heavy.

The victim seems to have suffered considerable mental and physical pain by repeatedly committing the above crimes from the defendant.

However, the Defendant recognized the entire crime of this case and reflected the mistake.

The defendant has no record of criminal punishment exceeding the fine prior to the crime of this case.

The victim did not want to be punished against the defendant, and the victim was present in the court of original trial and wanted to be shot.

The defendant paid KRW 10 million to the victim for the recovery of damage in the trial, and the victim wanted to return to the family after release from the military court and again wants to return to the family.

The family, relatives and siblings of the defendant also make best efforts for the defendant's sound rehabilitation into society by wanting the defendant's wife.

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