logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2015.05.21 2015노120
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below (three years of imprisonment, five years of suspended execution, and forty hours of order to attend sexual assault treatment lectures) is too uneased and unreasonable.

2. Examining the various sentencing conditions in the instant case, the instant crime was committed by the victim, who was in a relationship with the Defendant due to internal relations with the Defendant, faced the victim’s door glass by leaving the door, and breaking the victim’s house, and ruptures and rapes the victim by committing violence against the victim. In light of the details and content of the crime, the crime was not good, and the victim appears to have suffered considerable physical pain and mental shock, and further, there are many circumstances unfavorable to the Defendant, such as the Defendant, by raising the content that the victim was under investigation by the police due to the instant crime, and by raising the content that the victim was under investigation by the SNS group hosting room accompanying the victim after committing the instant crime, etc., the victim suffered secondary damages to the victim.

On the other hand, the fact that the defendant led to the crime of this case and reflects his mistake in depth, that the victim does not want the punishment of the defendant before the crime of this case, that the defendant did not have any criminal history exceeding the fine prior to the crime of this case, that there was no record of criminal punishment, that there was no record of punishment for the same kind of sexual assault crime, that the victim who had internal relations with the victim was forced to stage performance, and that the crime of this case appears to have been committed somewhat contingently, and that the relationship with the victim is organized, and that it is hard to arrange the relationship with the victim and to not contact or approach

As above, the defendant is disadvantageous or favorable to the sentencing factors, and the court below shall be sentenced to the defendant within the scope of the recommended punishment set in the sentencing guidelines (one year to five years).

arrow