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(영문) 대구고등법원 2019.01.09 2018노360
성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (three years of imprisonment) is too unfunied and unreasonable;

2. The crime of this case committed by the defendant, carrying a deadly weapon on two occasions, was committed by forcibly taking the victims' property and committing rape, and the crime is very bad and dangerous.

It appears that the victims were physically and mentally shocked, and the defendant did not make any effort to recover from the victims, and did not receive any accusation from the victims.

However, the defendant recognizes all of the crimes of this case, and is in depth divided.

When determining a punishment against the accused, the equality in cases where the judgment is to be rendered concurrently with each offense of the accused which has become final and conclusive by imprisonment for life and five years.

In addition, considering the sentencing conditions in light of the Defendant’s age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without

(However, Article 25 of the Rules on Criminal Procedure is clear that the part of the court below's 3th 15th 15 "Rape the victim's property and the withdrawal of the victim's property" is an erroneous entry of "competing the victim's property and rape," and such correction is made accordingly.

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