logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2014.08.14 2014노378
강간상해등
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 against the defendant for 80 hours.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (one year of imprisonment, 80 hours of sexual assault treatment program, 5 years of disclosure order) declared by the court below is too unreasonable, and that the prosecutor is too unreasonable.

2. Each of the crimes of this case, each of the crimes of this case, which the defendant first accessed the victim E during the course of invasion and demanded a sexual relationship with the victim E, and caused similar acts by causing injury to the victim and rape. Since then, the victim F, who was in contact with the above victim, was injured by the victim F, and damaged one cell phone owned by the above victim, and the method of the crime is interview and violence, and the degree of the crime is bad, and the victim E was exposed to considerable mental or physical shock, and the defendant had a history of having been prosecuted for a sex crime even before.

On the other hand, however, the fact that the defendant is divided and against the defendant's wrong, the degree of injury to the victim F is not more severe, and the victims agree with all the victims when they reach the trial, and the victims are in the front of the defendant's wife. The defendant has no record of having been punished two times other than those subject to a non-prosecution disposition after having been placed in a criminal case, and there is a possibility of improvement and edification at the age of 33 years old, and the family members of the defendant want to take the lead of the defendant.

As above, if all of the sentencing conditions shown in the argument of this case, such as the age, sex, and environment of the defendant, are considered in consideration of the range of recommended sentencing guidelines (two years and six months or more of imprisonment), the sentence sentenced by the court below is unreasonable.

Therefore, the appeal by the defendant is well-grounded, and the appeal by the prosecutor is without merit.

3. Conclusion.

arrow