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(영문) 부산고등법원 (창원) 2014.03.26 2013노425
강간등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

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

2. It is recognized that there are favorable factors for sentencing, such as that the defendant's mistake reflects in depth and that there is no past record or same record of punishment more than a suspended sentence.

On the other hand, it is also recognized that there are unfavorable factors for sentencing, such as: (a) intrusion upon the victim C’s residence in which the defendant had an internal relation; (b) intimidation the victim C by carrying a dangerous knife, (c) arresting the victim by carrying a dangerous knife, (d) carrying a knife knife in the vehicle; (b) placing the victim C for a long time with carrying a dangerous knife in the vehicle; and (c) rape the victim C, resulting in considerable mental shock; and (d) lack of specific measures to recover the damage

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and other circumstances revealed in the pleadings, the sentence imposed by the lower court is deemed adequate, and it is not deemed unreasonable because it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's assertion are without merit.

[Main Grounds for Determination of Punishment of Violence, etc.] - Multiple Crimes - Sex Offenses, General Rape, etc. - Violations of the Punishment of Violences, etc. Act (collectively, Deadly Weapons, etc.): Violence, Intimidation, Special Intimidation, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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