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(영문) 광주고등법원 (전주) 2014.06.17 2014노76
성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. As stated in the judgment of the court below of this Court, the defendant was prosecuted for summary criminal facts that stolen 2 panty 22 panty from July 2012 to August 26, 2013 before the crime of this case was committed by the defendant, and the victim is unable to have a spanty ability compared to normal spanty, and the father who is the guardian is hospitalized in the medical care center, and is vulnerable to the crime. The defendant's residence is located adjacent to the victim's residence, and the mother is living together with the victim's mother is over 80 years old, but the mother is over 80 years old, and it is difficult to expect that the defendant will faithfully protect and supervise the defendant.

However, in principle, the risk of recidivism is not sentenced to punishment, but the degree of physical power exercised by the defendant was relatively weak in the course of the crime of this case, and the victim discontinued with the defendant's criminal act and attempted to flee. In addition, in determining the punishment against the defendant, the illegality caused by the defendant's act should first be considered. Further, the defendant submitted a written application to the victim that he agreed with the victim, that many community users would take the preference against the defendant, that the defendant should support the number of salves with the elderly mother and intellectual disability, and that the defendant was prosecuted prior to the crime of this case.

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