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(영문) 대구고등법원 2014.06.26 2014노106
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

Plastic model, seized.

Reasons

1. Summary of grounds for appeal;

A. The punishment (seven years of imprisonment) imposed by the Defendant and the person to whom the attachment order was requested, the person to whom the medical treatment order was issued, and the person to whom the medical treatment order was requested (hereinafter “defendant”) is too unreasonable.

In addition, the attachment period (20 years) of the electronic tracking device attachment order (20 years) declared by the court below is too unfair.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s case of the instant case (each of the allegation of unfair sentencing), the Defendant accessed the victims’ request for assistance by the victims who are juveniles, enticed them to the unfolded place, and committed the attempted rape and the indecent act by compulsion.

The crime is a planned crime that abuses the core character of juveniles who want to help them without taking advantage of their understanding room or without any doubt, and the fact that the defendant has been punished for the same kind of crime in the past is a situation where the responsibility of the defendant is heavy.

Meanwhile, there are circumstances that may be considered in light of the circumstances, such as the fact that the crime of rape in the instant case was committed in a rush attempt, the degree of indecent act against the victim C is not very serious, the victims do not want to be punished against the defendant under the mutual agreement with the victims in the lower court and the trial court, and the defendant shows an attitude of reflectivity, such as recognizing the mistake after the crime in the instant case and not re-offending it.

In full view of all circumstances, including these various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the scope of the recommended sentence according to the sentencing guidelines, it is deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

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