logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.09.13 2013노1874
성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The defendant is a sexual assault treatment program.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following facts: (a) the victim, who was living alone in the Hando-ro, was threatened with a lethal weapon, led the victim to the outright place; (b) took money by force; and (c) harming the victim by force; and (d) the victim was extremely poor in quality as a crime of causing bodily injury by force; (b) the victim, who was committing the crime of this case, was found to have suffered extreme sexual humiliation and fear; and (c) the victim suffered physical and mental pain, such as receiving mental therapy and treatment due to stress disorder after external wound.

On the other hand, the fact that the defendant made a mistake in the trial for the first time and reflects the depth of the defendant, that was committed in the vicinity of the ancient mountain road where it is easy to perceive the crime, and that there was no more severe damage to the plaintiff, that did not directly injure the victim with a lethal weapon, that the amount of the forcibly damaged damage was not more than 20,00 won, that there was no criminal power related to sexual assault against the defendant, that there was no past 14 years prior to a fine, that there was a crime of intrusion upon residence, and that there was a past 14 years prior to a suspended sentence due to the crime of intrusion upon residence and larceny, that the defendant supported the baby who was a father or a middle school student since the divorce, that the victim was able to take the action against the defendant by mutual consent with the victim only.

In addition, the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstances after the crime, etc. are various conditions of sentencing, and the sentencing guidelines of the sentencing guidelines of the Supreme Court's sentencing committee (the sentencing guidelines) are general standards of indecent act by compulsion (the persons aged 13 or older).

arrow