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(영문) 대구고등법원 2020.11.11 2020노313
강간치상등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of two years and six months;

3.Provided, That this judgment has become final and conclusive.

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part regarding the request for attachment order, the request for attachment order, and the request for probation order, and as such, only the Defendant appealed, there is no benefit of appeal regarding the part regarding the request for attachment order and the request for probation order.

Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Electronic Monitoring, etc. Act, the part of the request for attachment order and the request for probation order are excluded from the scope of the trial of this court.

2. The summary of the grounds for appeal (limited to three years and six months of imprisonment) of the lower court is too unreasonable;

(3) The crime of this case was committed on the first day of the appeal by the court of first instance, which led to the Defendant’s assault, coercion, and coercion of the victim, despite the strong resistance of the victim, which led to a forced sexual intercourse with the victim and causing injury to the victim in the course of the crime. It is not good that the crime was committed in light of the content and degree of damage, the attitude of the Defendant after the crime, etc.

The degree of assault used in the course of rape crime is very serious.

The victim seems to have suffered considerable mental impulse and pain due to the crime of this case.

However, the defendant shows his attitude to recognize all crimes in this court and reflect on them.

There is no record that the defendant has been punished for the same sex offense.

The defendant shall recover from damage in this court and the victim does not want the punishment of the defendant by agreement with the victim.

In full view of all other circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is unreasonable compared to its liability.

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