(영문) 서울고등법원 2014.02.21 2013노3673 | 리걸엔진

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(영문) 서울고등법원 2014.02.21 2013노3673

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)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.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The crime of this case is a case of theft of money and valuables by deceiving a female brue who was locked to a brue's bath, and by impairing another's residence through six times after escape, the crime of this case is not good in light of the method of crime and degree of damage. The crime of this case is not good in light of the circumstances after the crime of assault, etc. (24, 25 pages) committed by assaulting a G in a brue or brue while escape immediately after the crime was committed. The victim who was locked from a brue in the brue, was suffering from severe sexual humiliation and mental suffering due to the crime of this case, and the defendant could have been able to commit the theft crime of this case even though he had committed six times the theft crime of this case.

On the other hand, it appears that the defendant committed an indecent act in the family court under the influence of alcohol while putting the house, PC, soup, soup, and soup, etc. The defendant committed an indecent act while under the influence of alcohol. There are some points in considering the motive and circumstances of the crime as he concealed the defendant, and the necessity of clothes and money after the commission of an indecent act, and it seems that he committed an indecent act, and there is no significant importance in the degree of force or indecent act at the time of the commission of the indecent act, and there is no sexual assault-related criminal records against the defendant, and it seems that the defendant had lived relatively faithfully for more than four years after the completion of the sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) around January 2009. The victim of sexual assault committed in the trial and the victim of sexual assault do not want the punishment against the defendant.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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