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(영문) 부산고등법원 (창원) 2015.07.08 2015노127
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

The judgment of the court below is reversed.

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

80 hours per the defendant.

Reasons

1. The sentence imposed by the lower court (six years of imprisonment) is too unreasonable.

2. Each of the crimes of this case recognized by the evidence, the evidence, the rule of evidence, and the legal principles are deemed to be an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the defendant has committed rape and provided body pictures of the victim; (b) the nature of the crime is bad; and (c) the defendant has committed sexual assault against the victim for a long time.

However, it is also recognized that the favorable sentencing factors or objective and neutral sentencing factors are also acknowledged, such as the fact that the defendant had no same criminal history and has been sentenced to three minor fines, that the defendant has reached the judgment of the court, that he has agreed with the victim who is an adult (42 years of age) and actively wishes to take the defendant's measures against the defendant, that the defendant is aware of each of the crimes of this case in the trial of the court of the court, that the defendant has a normal sexual intercourse with the victim, that the defendant has been divorced from his spouse on January 12, 2011, and that each of the crimes of this case has occurred after the divorce.

In full view of the aforementioned factors of sentencing and the scope of recommended sentences on the sentencing guidelines, and the offenses of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes with the largest punishment (a life imprisonment, imprisonment for a limited term of not less than five years) and applicable sentences, sentencing cases of similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes in this case, the means and consequence of the crimes in this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is justified.

[Mains on the main basis of the determination of both types of crimes] - Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes): Sexual Crimes, rape (subject to at least 13 years of age), Type 2 (Rape, etc.), serious reflectivity;

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