(영문) 부산고등법원 2015.11.05 2015노520 | 리걸엔진

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(영문) 부산고등법원 2015.11.05 2015노520

성폭력범죄의처벌등에관한특례법위반(특수강도강간등)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the court below asserts that the defendant is too unreasonable, and that the prosecutor is too uneasible and unfair, with regard to the punishment imposed by the court below (7 years of imprisonment, 80 hours of completion of sexual assault treatment programs, 80 hours of forfeiture of evidence 1 to 3, disclosure of personal information, and 7 years of notification).

2. The crime of this case is determined by the following facts: (a) the Defendant, at night, removed the window of the victim’s house toilets installed on the outer wall of the building from the victim’s house, and intrudes into the house, and took money and valuables worth approximately KRW 956,00,00 by threatening the victim in a knife; (b) rapes the victim in a knife; (c) the victim was made a serious mental suffering and sexual humiliation due to the crime of this case; (d) the victim was made a large mental suffering and sexual humiliation; (e) the victim was able to get a large mental suffering from the crime of this case; and (e) the daily life of the victim was destroyed to the extent that the knife might come out of Korea; (e) the method of the crime of this case appears to have caused harm to the residents’ residential stability; and (e) the Defendant was unable to obtain a knife and has no effort to recover damage; and (e) the Defendant was subject to punishment several times by verbal abuse, etc.

On the other hand, the fact that the defendant has committed the crime in depth by recognizing all of the crimes in this case and giving rebuttals several times, and that the defendant has no record of having been sentenced so far and has no record of being punished for sexual crimes, etc. are favorable to the defendant.

As above, the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, family relationship, etc. are considered disadvantageous to or favorable to the defendant.

유사 판례

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