logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.10.15 2015노376
성폭력범죄의처벌등에관한특례법위반(주거침입강간)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant reflects his mistake, based on such attitude, that the defendant agreed with the victim in the original trial, that the defendant seems to have reached the crime of this case by contingency while drinking alcohol, and that the defendant has no record of punishment for a sex offense or of having no record of punishment for a sex offense is favorable to the defendant.

However, the crime of this case is committed by the Defendant’s intrusion upon the residence of the victim living on the lower floor of the Bara building in which the Defendant was living in the new wall and intending to rape the victim and attempted to commit rape, and the nature of the crime is very heavy in light of the method and content of the crime.

The victim seems to have suffered a huge shock and sexual humiliation due to sexual assault from the defendant who resides in the upper house immediately within his own house that should be most safe.

After the crime of this case, the victim received psychological treatment due to symptoms, such as a certificate of challenge, etc., and the victim's son and son were not able to care for the victim.

Furthermore, the Defendant committed the instant crime on December 4, 2014, even though the Defendant was sentenced to a fine on December 4, 2014, on the following grounds: (a) invaded upon the residence by using a female entering the building at the night, putting the door gate knife and knife the knife at the lower bottom of the knife, and knife the knife, and reported by the police officer upon receiving a report; (b) caused the Defendant’s intrusion upon the residence by misrepresenting the police officer of the knife the site; and (c) caused the Defendant to commit the instant crime at least two months.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, as well as all the circumstances constituting the conditions for sentencing as shown in the records of this case, including the circumstances after the crime.

arrow