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(영문) 대구고등법원 2019.03.21 2018노545
강간등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the accused case, the request for attachment order, and the request for probation order.

Notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no interest in appeal regarding the part of the request for attachment order and the request for probation order as the Defendant appealed only, this part is excluded from the scope of the judgment of the court (see, e.g., Supreme Court Decision 82Do2823, 82 reductionDo611, Jan. 18, 1983). 2. The summary of the grounds for appeal (unfair punishment) is unfair because the court below (five years of imprisonment) rendered by the court is too unreasonable.

3. The Defendant recognized all of the instant crimes, and is in profoundly against the mistake.

The defendant has no record of criminal punishment in Korea before committing the crime of this case.

The defendant's crime against the victim G (name) was committed in attempted crimes.

However, the Defendant committed the instant crime only for four months after entering the Republic of Korea.

For job-seeking, the Defendant: (a) had a victim B, who entered China, and entered China, wanted to arrange the victim B to engage in cleaning work in the telecom, using the circumstances where it is resisted or difficult to file a complaint against the Korean horses; (b) had been induced to the telecom, and had sexual intercourse; (c) had sexual intercourse with the victim’s G in the same manner after one week from the date of the crime; and (d) attempted to have sexual intercourse with the victim’s resistance.

In light of the details and methods of each crime, target of the crime, and each of the above crimes repeated at intervals of a week, the nature and circumstances of the crime are very heavy.

The victims seem to have suffered considerable physical and mental impulses and pain, including sexual humiliations, due to the crime of this case.

Nevertheless, it is not appropriate.

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