logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.12.28 2017노559
강간상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

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

B. Prosecutor 1) The sentence imposed by the lower court against the Defendant that was unfair in sentencing is too uneasible and unfair.

2) Although the court below exempted the Defendant from disclosure notification of personal information in light of the process, details, means and methods of, and consequences of the crime of rape and bodily injury of this case committed by the Defendant, and the degree of injury inflicted on the victim, the court below erred by misapprehending the legal principles on disclosure notification of personal information of the Defendant.

2. Determination

A. We examine the unfair argument of sentencing by the defendant and prosecutor. Each of the crimes of this case committed by the defendant was committed under the same circumstance as the criminal facts in the judgment of the court below. The defendant attempted to rape the victim D with the inside of the judgment of the court below. However, during that process, the victim D had inflicted bodily injury, such as 197,30 won (the sum of the victim's remittance amount and 40,000,000 won and 261,97,30 won (the sum of the victims' personal debt) and 40,000 won, which were incurred by the victim's personal debt guarantee, but the victim D had been strongly resisted, and during that process, 8 victims D were inflicted bodily injury, such as 197,00 won, and 261,97,300 won (the sum of 221,97,300 won, and 40,000,000 won). In light of the above criminal facts, it appears that the defendant had easily suffered from the victim's bodily injury and mental injury.

arrow