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(영문) 대전고등법원 2020.11.13 2020노242
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
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.

Sexual assault, 80 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

B. An order to disclose or disclose personal information for a period of five years that the court below imposed on the defendant for the improper order to disclose or disclose personal information is unfair in light of the nature of the crime of this case and the

2. Determination on the grounds for appeal

A. As to the allegation of unfair sentencing, an appellate court is reasonable to respect the sentencing of the lower court in a case where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case. In a case where there is no change in the conditions of sentencing compared to the lower court, and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court should respect the sentencing of the lower court. However, in light of the following factors, where the lower court’s sentencing judgment exceeded the reasonable bounds of the discretion, or where it is deemed unfair to maintain the sentencing determination of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing review, and where there are circumstances where it is deemed that maintaining the sentencing determination of the lower court in full view of the materials newly discovered in the course of the appellate court’s sentencing review (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 2)

The Defendant did not waive the victim's criminal intent even after the victim was pushed the Defendant, and attempted the victim to wear the shoulder of the victim who followed the victim and was taking the back of the victim, and again, led the victim into the house.

The victim was at his own house who was frighten and was frightened to commit the instant crime, and the victim was frighten and promulgated at the time.

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